Section 2702. Definitions  


Latest version.
  • As used in this title, the following words and
      terms shall have the following meanings  unless  the  context  indicates
      another or different meaning or intent:
        1.  "Authority"  shall  mean the public benefit corporation created by
      section  twenty-seven  hundred  three  of  this  title,  known  as   the
      development authority of the north country.
        2.  "Bonds"  shall  means  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.
        3.  "Construction"  shall  mean  the  acquisition, erection, building,
      alteration,    improvement,    increase,     enlargement,     extension,
      reconstruction,  renovation  or  rehabilitation  of any project financed
      under the provisions of  this  title;  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 preliminary or incidental
      thereto.
        4. "Cost" as applied to a project  or  any  portion  thereof  financed
      under  the provisions of this title embraces all or any part of the cost
      of construction and  acquisition  of  all  lands,  structures,  real  or
      personal  property,  rights,  rights-of-way,  franchises,  easements and
      interests acquired or used for a project, the  cost  of  demolishing  or
      removing  any buildings or structures on land so acquired, including the
      costs of relocating tenants  or  other  occupants  of  the  building  or
      structures  on  such  land  and the cost of acquiring any lands to which
      such buildings or structures may be moved, the cost of all machinery and
      equipment, financing  charges,  interest,  reserves  for  principal  and
      interest  and  for  extensions,  enlargements,  additions, replacements,
      renovations and improvements, cost of engineering, financial  and  legal
      services, plans, specifications, studies, surveys, estimates of cost and
      of  revenues, administrative expenses, expenses necessary or incident to
      determining  the  feasibility  or  practicability  of  constructing  the
      project  and  such other expenses as may be necessary or incident to the
      construction and acquisition of  the  project,  the  financing  of  such
      construction   and  acquisition  and  the  placing  of  the  project  in
      operation,  including  all  costs  relating  to   the   refinancing   or
      satisfaction  of  existing  indebtedness;  and any reimbursements to any
      municipality, state agency, the state, the United States  or  any  other
      person or public corporation for expenditures that would be costs of any
      project hereunder had they been made directly by the authority.
        5.  "Existing  sewer system" shall mean all sewers, including, without
      limitation, trunk, intercepting, connecting, lateral and  other  sewers,
      storm  water  drains,  pumping stations, disposal or treatment plants or
      works, structures, appliances, equipment  and  other  adjuncts  thereto,
      comprising   the  portion  of  the  system  of  sewerage  owned  by  any
      participating county or municipality within a participating  county,  as
      delineated  on  a  map  filed  by  the  governing body of such county or
      municipality with the secretary of the state of  New  York  pursuant  to
      this title.
        6.  "Municipality"  shall mean any county, city, town, village, refuse
      district under the county law, improvement district under the town  law,
      any  other  such  instrumentality,  including  any  agency, authority or
      public corporation of the  state,  or  any  of  the  foregoing,  or  any
      combination thereof.
        7.  "Participating counties" shall mean the counties of Jefferson, St.
      Lawrence and Lewis.
    
        8. "Person" shall mean any natural person,  partnership,  association,
      joint venture or corporation, exclusive of a public corporation.
        9.  "Project"  shall  mean a sewerage facility, solid waste management
      facility, water  facility,  or  any  portion  of  which,  the  planning,
      development,   financing,   acquisition,   construction,   operation  or
      maintenance is authorized to be undertaken in whole or in  part  by  the
      authority pursuant to this title.
        10.   "Real  property"  shall  mean  lands,  structures,  improvements
      franchises  and  interests  in  land,  including  lands   under   water,
      waterfront  property, marginal streets and riparian rights, space rights
      and air rights and any and all other things and rights usually  included
      within  said  term  and any fixtures, equipment and articles of personal
      property affixed to or used in connection therewith. Real property shall
      also mean and include any and all interests in such property  less  than
      full  title,  such  as  easements,  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, and  also
      all claims for damages for such real estate.
        11.  "Resource  recovery"  shall  mean  the  separation, extraction or
      recovery of usable materials, energy or heat from  solid  waste  through
      source  separation,  incineration,  recycling centers or other programs,
      projects or facilities.
        12. "Revenues" shall mean all rates, fees, rents,  charges  and  other
      income derived by the authority from its operations.
        13. "Sewerage facility" shall mean a system of trunk, intercepting and
      connecting,  lateral  and outlet sewers, storm water drains, pumping and
      ventilating stations, disposal or treatment plants or works,  and  other
      appliances  and  structures, which in the judgment of the authority will
      provide  an  effectual  and  advantageous  means   for   relieving   the
      participating  counties  and  municipalities  within  the  participating
      counties from pollution created by the sewage and  waste  and  relieving
      the  participating  counties and municipalities within the participating
      counties from inadequate sanitary and storm water drainage by  providing
      for  the  sanitary  disposal or treatment of the sewage thereof, or such
      sections or parts of such systems as the authority may from time to time
      deem it proper or convenient to construct, consistent  with  purpose  of
      this title.
        14. "Solid waste" shall mean all putrescible and non-putrescible solid
      wastes, including, but not limited to, materials or substances discarded
      or  rejected, whether as being spent, useless, worthless or in excess to
      the owners at the time of such discard or rejection  or  for  any  other
      reason,  is  being  accumulated,  stored,  or  physically, chemically or
      biologically treated prior to being discarded, has served  its  intended
      use,  or  is  a  manufacturing  or mining by-product, including, but not
      limited to,  garbage,  refuse,  and  other  discarded  solid  materials,
      including  solid  waste materials resulting from industrial, commercial,
      mining  and  agricultural  operations  and  from  community  activities,
      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, and  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.
        15. "Solid waste management 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  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,   shredding  or  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,  leachate  treatment  facilities,  plants  and facilities for
      compacting, composting or pyrolization  of  solid  wastes,  secure  land
      burial  facilities,  landspreading  facilities, surface impoundments and
      waste oil storage, reprocessing and  refining  facilities,  incinerators
      and  other solid waste disposal, reduction or conversion facilities, and
      "resource recovery equipment" and "disposal equipment" as such terms are
      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.
        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.
        18. "United States" shall mean the United States  of  America  or  any
      department,  agency  or  instrumentality thereof acting on behalf of the
      United States of America.
        19. "Water facility" shall  mean  any  water  supply  or  distribution
      system  or  systems,  including  any plants, works, instrumentalities or
      parts thereof and appurtenances thereto,  lands,  easements,  rights  in
      land  and  water  rights,  right-of-way,  contract  rights,  franchises,
      approaches, connections, dams, reservoirs, water mains and  pipe  lines,
      pumping  stations and equipment, or any other property incidental to and
      included  in  such  system  or  part  thereof,  and  any   improvements,
      extensions and betterments.
        20.  "Community facility" shall mean any facility in the participating
      counties that provides for the health,  education  and  welfare  of  the
      residents  of  the  region within such participating counties, including
      but not limited to medical facilities, housing  facilities,  educational
      facilities, transportation facilities, municipal service facilities, and
      cultural and social facilities.