Section 2052-B. Definitions  


Latest version.
  • As used or referred to in this title, unless
      a different meaning clearly appears from the context:
        1. "Area of operation" means area within the boundaries  of  the  city
      and  the  towns included in subdivision twenty-one of this section which
      elect to participate in the authority pursuant  to  subdivision  six  of
      section two thousand fifty-two-c of this title.
        2.  "Authority"  shall  mean the public benefit corporation created by
      section  two  thousand  fifty-two-c  of  this  title,   known   as   the
      inter-municipal solid waste management authority.
        3.  "Bonds"  shall  mean  the  bonds,  notes  or  other  evidences  of
      indebtedness issued by the authority 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. "Chief executive officer" shall mean the city manager, in the city,
      and the supervisor, in each of the towns.
        5. "City" shall mean the city of Troy.
        6.  "Construction"  shall  mean  the  acquisition, erection, building,
      alteration,  improvement,  increase,  enlargement,  extension,   repair,
      reconstruction, renovation or rehabilitation of a solid waste management
      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.
        7. "Cost" as applied to any project, shall mean and include  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
      relocating  tenants or other occupants of the buildings or structures on
      such land, 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 consultant and legal services, the cost of  lease  guarantee  or
      bond insurance and the cost of other expenses necessary or incidental to
      the  construction  thereof,  including  the  amount  authorized  in  the
      resolution of the authority providing for the issuance of  bonds  to  be
      paid  into  any  reserve or other special fund from the proceeds of such
      bonds, the financing of the placing of  any  project  in  operation  and
      reimbursement  to  the  local  governments,  any municipality, and 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 authority.
        8.  "Governing  body"  shall  mean  the  members  of   the   authority
      constituting and acting as the governing body of the authority.
        9.  "Legislative body" or "legislative bodies" means any or all of the
      legislatures or local governing entities  of  those  towns  included  in
      subdivision twenty-one of this section and of the city of Troy.
        10.  "Local  governments" shall mean the city of Troy and the towns of
      Brunswick, East Greenbush, North Greenbush and Schodack.
        11.  "Municipality"  shall  mean  any  county,  city,  town,  village,
      improvement  district,  area  established  under  the  town  law, refuse
      district established under the  county  law,  district  or  area  having
      powers similar to a refuse district created under any general or special
    
      law,  or  agency  or public corporation of the state, or any combination
      thereof.
        12.  "Person" shall mean any natural person, partnership, association,
      joint venture or corporation, exclusive of a public corporation.
        13. "Project" shall mean any solid waste management facility, and  any
      appurtenances  thereto  necessary or desirable to promote the efficiency
      or effectiveness of any facility, the planning, development,  financing,
      construction,  operation  or  maintenance  of  which is authorized to be
      undertaken in whole or in part by the authority pursuant to this  title,
      including any real property required in connection therewith.
        14.  "Real  property"  shall  mean  lands,  structures, franchises and
      interests in land, waters, lands underwater,  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
      interests 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 judgments, mortgages or otherwise.
        15. "Resource recovery" shall  mean  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.
        16.  "Revenues"  shall  mean all rates, fees, rents, charges and other
      income derived by the authority from its operations.
        17. "Solid waste" shall mean 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, agricultural 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, 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 or satisfies the characteristics of hazardous waste
      promulgated by the commissioner of environmental  conservation  pursuant
      to section 27-0903 of the environmental conservation law.
        18.  "Solid  waste  management  facility" or "facility" shall mean 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  beyond  the  initial  solid  waste
      collection process for the 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  facilities,
      sanitary landfills, 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, source separation equipment and disposal equipment as defined
      in  subdivisions  four  and five of section 51-0903 of the environmental
      conservation law.
        19. "Source separation"  shall  mean  the  segregation  of  recyclable
      materials  from  the  solid  waste stream at the point of generation for
      separate collection, sale or other disposition.
    
        20. "State" shall mean the state of New York.
        21.  "Towns"  shall mean the towns of Brunswick, East Greenbush, North
      Greenbush and Schodack jointly or individually as shall be determined by
      the usage of such terms in this title, or such of them that satisfy  the
      requirements  of  subdivision six of section two thousand fifty-two-c of
      this title by filing the certificate required by that section.
        * NB There are 2 § 2052-b's