Section 2726. Definitions

As used or referred to in this title, unless a
  different meaning clearly appears from the context:
    1. "Area of operation" shall mean any  or  all  of  the  participating
  counties.
    2.  "Authority"  shall  mean the public benefit corporation created by
  section twenty-seven hundred twenty-seven of this title,  known  as  the
  Western finger lakes 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.  "Construction"  shall  mean  the  acquisition, erection, building,
  alteration,  repair,  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.
    5.   "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
  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  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  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 authority  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 authority, 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.
    6.  "Governing  body"  shall  mean  the  members  of   the   authority
  constituting and acting as the governing body of the authority.
    7. "Legislative body" or "legislative bodies" shall mean any or all of
  the  boards  of supervisors of the counties of Ontario, Seneca and Wayne
  and the board of legislators of the county of Yates.
    8. "Municipality" shall mean any county, including  any  participating
  county,  city,  town,  village,  refuse  district  under the county law,
  improvement district under the town law, any other such instrumentality,
  including an agency or public corporation of the state, or  any  of  the
  foregoing, or any combination thereof.
    9.  "Participating  counties"  shall  mean  those  of  the counties of
  Ontario, Seneca, Wayne and Yates that shall have  appointed  members  of
  the  authority  and  shall  have  filed a certificate in accordance with
  section twenty-seven hundred twenty-seven of this title.
    10. "Person" shall mean any natural person, partnership,  association,
  joint venture or corporation, exclusive of a public corporation.

    11.  "Project" shall mean any solid waste management-resource recovery
  facility, of which, or any portion of which, the planning,  development,
  financing,  construction,  operation, or maintenance is authorized to be
  undertaken in whole or in part by the authority pursuant to this title.
    12.  "Real  property"  shall  mean  lands,  structures, franchises and
  interests in  land,  waters,  lands  underwater,  riparian  rights,  air
  rights,  space  rights  and  any  fixtures,  equipment  and  articles of
  personal property affixed to or used in connection  therewith,  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 judgment, mortgages or otherwise, and all claims
  for damages for such real estate.
    13. "Resource recovery" shall  mean  the  separation,  extraction  and
  recovery  of  usable  materials, energy or heat from solid waste through
  source separation, incineration, recycling centers  or  other  programs,
  projects or facilities.
    14.  "Revenues"  shall  mean all rates, fees, rents, charges and other
  income derived by the authority from its operations.
    15. "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, or are being accumulated, stored, or physically,  chemically  or
  biologically treated prior to being discarded, has served their intended
  use,  or  are a manufacturing by-product, including, but not limited to,
  garbage, refuse, and other discarded solid  materials,  including  solid
  waste  materials  resulting from industrial, commercial 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, 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.
    16. "Solid waste management-resource recovery 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 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,  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  recycling  facilities,  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.
    17.  "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.
    18. "State" shall mean the state of New York.