Section 2053-B. Definitions  


Latest version.
  • As used or referred to in this title, unless a
      different meaning clearly appears from the context:
        1. "Authority" shall mean the public benefit  corporation  created  by
      section  two thousand fifty-three-c of this title, known as the Rockland
      county solid waste management authority.
        2.  "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  and  shall
      apply  with  equal  force  and  effect  to  notes  and  obligations  and
      noteholders and obligation holders,  respectively,  unless  the  context
      otherwise clearly requires.
        3.  "Construction"  shall  mean  the  acquisition, erection, building,
      alteration,    improvement,    increase,     enlargement,     extension,
      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  subject  to  the  provisions  of
      section two thousand fifty-three-f of this title.
        4.  "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, subject  to  the  provisions  of  section  two  thousand
      fifty-three-f  of  this  title,  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, legal and other professional 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  county,  any  municipality,  any
      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.
        5. "County" shall mean the county of Rockland.
        6.  "Governing  body"  shall  mean  the  members  of   the   authority
      constituting and acting as the governing body of the authority.
        7. "Municipality" shall mean any county, city, town, village, district
      or any combination thereof.
        8.  "Person"  shall mean any natural person, partnership, association,
      joint venture or corporation, exclusive of a public corporation.
        9. "Project" shall mean  any  solid  waste  management  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.
        10. "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.
        11.  "Resource  recovery"  shall  mean  the separation, extraction and
      recovery of usable materials, energy or heat from  solid  waste  through
      source  separation,  recycling  centers, composting, combustion or other
      programs, projects or facilities.
        12. "Revenues" shall mean all rates, fees,  rents,  charges,  receipts
      and other income derived by the authority from its operations.
        13.  "Solid waste" shall mean all putrescible and nonputrescible solid
      wastes, including, but not limited to, materials or substances which are
      discarded or rejected as being spent, useless, worthless, or  in  excess
      to  the  owners  at  the time of such discard or rejection, or which are
      being accumulated, stored, or  physically,  chemically  or  biologically
      treated  prior  to  being  discarded  or  rejected,  having served their
      intended use, or which are manufacturing by-products, including, but not
      limited to, garbage, refuse,  industrial,  commercial  and  agricultural
      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 or any scrap or other material  of  value
      held for purposes of materials recycling other than materials designated
      as recyclables, pursuant to section one hundred twenty-aa of the general
      municipal law.
        14.  "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,
      treatment,  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, material recovery facilities, mixed waste
      processing facilities, household hazardous  waste  facilities,  transfer
      stations, shredding facilities, baling facilities, rail haul or maritime
      facilities,  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  or  manufacturing  or  enhancing  the  value  of  materials   or
      commodities  recovered  from  solid  waste, 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.
        15.  "Solid  waste  management  plan"  shall  mean the Rockland county
      integrated solid waste management plan as it may be adopted, amended and
      supplemented from time to time in accordance with section 27-0107 of the
      environmental conservation law.
        16. "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.
    
        17. "State" shall mean the state of New York.