Section 2051-B. Definitions  


Latest version.
  • As used or referred to in this title, unless
      a different meaning clearly appears in the context, the following  terms
      shall have the following meanings:
        1.  "Agency"  means  the public benefit corporation created by section
      two thousand fifty-one-c of this title, known as the town of  Brookhaven
      resource recovery agency.
        2. "Area of operation" means the town of Brookhaven.
        3.  "Bonds"  means the bonds, notes or other evidences of indebtedness
      issued by the agency pursuant to this title and the provisions  of  this
      title relating to bonds and bondholders shall apply with equal force and
      effect  to  notes  and  noteholders,  respectively,  unless  the context
      otherwise clearly requires.
        4.  "Cost"  as  applied  to  any  project,  includes   the   cost   of
      construction,  the  cost  of  the acquisition of all property, including
      real property and other property, both real and  personal  and  improved
      and  unimproved,  the  cost  of  demolishing, removing or relocating any
      buildings or structures on lands so  acquired,  including  the  cost  of
      acquiring  any  lands to which such buildings or structures may be moved
      or relocated, the cost of all systems, facilities, machinery,  apparatus
      and  equipment,  financing  charges, interest prior to, during and after
      construction to the extent not paid or provided  for  from  revenues  or
      other  sources, the cost of engineering and architectural surveys, plans
      and specifications, the cost of consultants and legal services, the cost
      of lease guarantee, credit enhancement or bond insurance, other expenses
      necessary or incidental to the construction  of  such  project  and  the
      financing  of  the construction thereof, including the amount authorized
      in the resolution of the agency providing for the issuance of  bonds  to
      be paid into any reserve or other special fund from the proceeds of such
      bonds  and  the  financing  of  the placing of any project in operation,
      including reimbursement  to  the  county,  or  any  municipality,  state
      agency, the state, the United States government, or any other person for
      expenditures  that would be costs of the project hereunder had they been
      made directly by the agency.
        5.  "Construction"  means   the   acquisition,   erection,   building,
      alteration,     improvement,     increase,    enlargement,    extension,
      reconstruction,  renovation  or  rehabilitation   of   a   solid   waste
      management-resource  recovery  facility;  the inspection and supervision
      thereof; and the engineering, architectural, legal, fiscal and  economic
      investigations  and  studies, surveys, designs, plans, working drawings,
      specifications, procedures and other actions incidental thereto.
        6. "Governing body" means the members of the agency  constituting  and
      acting as the governing body of the agency.
        7.  "Municipality"  means any county, city, town, village, improvement
      district, or  public  corporation  of  the  state,  or  any  combination
      thereof.
        8.  "Person" means any natural person, partnership, association, joint
      venture or corporation, exclusive of a public corporation.
        9.  "Project"  means  any  solid  waste  management-resource  recovery
      facility, the planning, development, financing, construction, operation,
      or  maintenance  of  which is authorized to be undertaken in whole or in
      part by the agency pursuant to this title.
        10. "Real property" means lands, structures, franchises  and  interest
      in  lands, waters, lands under water, riparian rights and air rights and
      any and all things and rights included within said term and includes not
      only fees  simple  absolute,  but  also  any  and  all  lesser  interest
      including,  but  not  limited to easements, rights-of-way, uses, leases,
      licenses and all  other  incorporeal  hereditaments  and  every  estate,
    
      interest  or  right,  legal  or equitable, including terms for years and
      liens thereon by way of judgment, mortgages or otherwise.
        11.  "Resource recovery" means the separation, extraction and recovery
      of usable materials, energy or heat  from  solid  waste  through  source
      separation, recycling centers or other programs, projects or facilities.
        12.  "Revenues" means all rates, fees, rents, charges and other income
      derived by the agency from its operations.
        13. "Solid waste" means  all  materials  or  substances  discarded  or
      rejected  as being spent, useless, worthless, or in excess to the owners
      at the time of such discard or rejection, including but not  limited  to
      garbage,  refuse,  industrial  and commercial waste, sludges from air or
      water pollution control facilities or water supply treatment facilities,
      rubbish,  ashes,  contained  gaseous  material,   incinerator   residue,
      demolition  and  construction debris and offal, but not including sewage
      and other highly diluted water-carried materials or substances and those
      in gaseous form, source, special nuclear or by-product  material  within
      the meaning of the Atomic Energy Act of 1954, as amended, or waste which
      appears  on  the list of hazardous waste promulgated by the commissioner
      of  environmental  conservation  pursuant  to  section  27-0903  of  the
      environmental conservation law.
        14.  "Solid waste management-resource recovery facility" or "facility"
      means  any  facility,  plant,  works,   system,   building,   structure,
      improvement,  machinery,  equipment,  fixture  or other real or personal
      property which is to be used, occupied or employed for or is  incidental
      to  the  collecting,  receiving,  transporting,  storage, processing, or
      disposal of solid waste or the recovery by any means of any material  or
      energy  product  or  resource  therefrom  including  but  not limited to
      recycling centers, transfer stations, baling facilities,  rail  haul  or
      maritime  facilities,  collection vehicles, processing systems, resource
      recovery facilities, steam  and  electric  generating  and  transmission
      facilities,  including auxiliary facilities to supplement or temporarily
      replace such  generating  facilities,  steam  distribution  and  related
      plants   and   facilities,   sanitary   landfills,   leachate  treatment
      facilities, landspreading facilities, waste  oil  storage,  reprocessing
      and   recycling   facilities,  plants  and  facilities  for  compacting,
      composting or pyrolization of  solid  wastes,  incinerators,  and  other
      solid  waste  disposal,  reduction or conversion facilities and resource
      recovery equipment and disposal equipment  as  defined  in  subdivisions
      four  and five of section 51-0903 of the environmental conservation law.
      Any such facility producing either electricity or shaft  horsepower  and
      useful  thermal  energy  shall  constitute  a  co-generation facility as
      defined in subdivision two-a of section two of the public service law.
        15. "State" means the state of New York.
        16. "Source separation" means the segregation of recyclable  materials
      from  the  solid  waste  stream  at the point of generation for separate
      collection, sale or other disposition.
        17. "Supervisor" means the supervisor of the town of Brookhaven.
        18. "Town" means the town of Brookhaven, Suffolk county.
        19. "Town board" means the town board of the town of Brookhaven.
        * NB There are 3 § 2051-b's