State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-13-h > 2050-bb

§ 2050-bb. Definitions. 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 those towns  included  in  subdivision  eighteen  of  this  section  which  elect  to  participate in the authority pursuant to subdivision four of section two  thousand fifty-cc of this title.    2. "Authority" means the public benefit corporation created by section  two thousand fifty-cc of this title, known  as  the  Eastern  Rensselaer  county solid waste management authority.    3.  "Bonds"  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 which shall apply with  equal force and effect to notes and  noteholders,  respectively,  unless  the context otherwise clearly requires.    4.   "Construction"   means   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, means and includes the cost of  construction, the cost of the acquisition of all 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 and the cost of acquiring any lands  to which such building 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 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 either of the towns, 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 authority.    6.  "Governing  body"  means the members of the authority constituting  and acting as the governing body of the authority.    7. "Legislative body" or "legislative bodies" means either or  all  of  the legislatures of those towns included in subdivision eighteen of this  section.    8.  "Municipality"  means any county, city, town, village, improvement  district, or 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 public  corporation of the state, or any combination thereof.    9.  "Person" means any natural person, partnership, association, joint  venture or corporation, exclusive of a public corporation.    10. "Project"  means  any  solid  waste  management-resource  recovery  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.    11.  "Real property" means 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 judgment, mortgages or otherwise and all claims  for damage for such real property.    12. "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.    13. "Revenues" means all rates, fees, rents, charges and other  income  derived by the authority from its operation.    14.  "Solid  waste"  means  all  putrescible and non-putrescible solid  wastes, including, but not limited to, 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,  or  are  being  accumulated, stored, or physically, chemically or  biologically  treated  prior  to being discarded or rejected, having served their intended use,  or as  a  manufacturing  by-product,  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.    15. "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,   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,   co-composting  recycling  facilities  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.  Any such  facility  producing  either  electricity  or shaft horsepower and useful  thermal energy shall constitute a co-generation facility  as  designated  in subdivision two-a of section two of the public service law.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. "State" means the state of New York.    18.  "Towns"  means  the  towns  of  Stephentown,  Berlin, Petersburg,  Grafton,  Hoosick,  Pittstown,  Poestenkill,  Schaghticoke,  Sand  Lake,  Nassau,   Schodack,  Brunswick,  village  of  Schaghticoke,  village  of  Castleton-on-Hudson, village of Nassau, village of Valley Falls, and the  village of Hoosick 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  four  of section two thousand fifty-cc of  this title by filing the certificate required by that section.

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-13-h > 2050-bb

§ 2050-bb. Definitions. 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 those towns  included  in  subdivision  eighteen  of  this  section  which  elect  to  participate in the authority pursuant to subdivision four of section two  thousand fifty-cc of this title.    2. "Authority" means the public benefit corporation created by section  two thousand fifty-cc of this title, known  as  the  Eastern  Rensselaer  county solid waste management authority.    3.  "Bonds"  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 which shall apply with  equal force and effect to notes and  noteholders,  respectively,  unless  the context otherwise clearly requires.    4.   "Construction"   means   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, means and includes the cost of  construction, the cost of the acquisition of all 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 and the cost of acquiring any lands  to which such building 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 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 either of the towns, 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 authority.    6.  "Governing  body"  means the members of the authority constituting  and acting as the governing body of the authority.    7. "Legislative body" or "legislative bodies" means either or  all  of  the legislatures of those towns included in subdivision eighteen of this  section.    8.  "Municipality"  means any county, city, town, village, improvement  district, or 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 public  corporation of the state, or any combination thereof.    9.  "Person" means any natural person, partnership, association, joint  venture or corporation, exclusive of a public corporation.    10. "Project"  means  any  solid  waste  management-resource  recovery  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.    11.  "Real property" means 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 judgment, mortgages or otherwise and all claims  for damage for such real property.    12. "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.    13. "Revenues" means all rates, fees, rents, charges and other  income  derived by the authority from its operation.    14.  "Solid  waste"  means  all  putrescible and non-putrescible solid  wastes, including, but not limited to, 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,  or  are  being  accumulated, stored, or physically, chemically or  biologically  treated  prior  to being discarded or rejected, having served their intended use,  or as  a  manufacturing  by-product,  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.    15. "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,   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,   co-composting  recycling  facilities  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.  Any such  facility  producing  either  electricity  or shaft horsepower and useful  thermal energy shall constitute a co-generation facility  as  designated  in subdivision two-a of section two of the public service law.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. "State" means the state of New York.    18.  "Towns"  means  the  towns  of  Stephentown,  Berlin, Petersburg,  Grafton,  Hoosick,  Pittstown,  Poestenkill,  Schaghticoke,  Sand  Lake,  Nassau,   Schodack,  Brunswick,  village  of  Schaghticoke,  village  of  Castleton-on-Hudson, village of Nassau, village of Valley Falls, and the  village of Hoosick 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  four  of section two thousand fifty-cc of  this title by filing the certificate required by that section.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-13-h > 2050-bb

§ 2050-bb. Definitions. 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 those towns  included  in  subdivision  eighteen  of  this  section  which  elect  to  participate in the authority pursuant to subdivision four of section two  thousand fifty-cc of this title.    2. "Authority" means the public benefit corporation created by section  two thousand fifty-cc of this title, known  as  the  Eastern  Rensselaer  county solid waste management authority.    3.  "Bonds"  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 which shall apply with  equal force and effect to notes and  noteholders,  respectively,  unless  the context otherwise clearly requires.    4.   "Construction"   means   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, means and includes the cost of  construction, the cost of the acquisition of all 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 and the cost of acquiring any lands  to which such building 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 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 either of the towns, 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 authority.    6.  "Governing  body"  means the members of the authority constituting  and acting as the governing body of the authority.    7. "Legislative body" or "legislative bodies" means either or  all  of  the legislatures of those towns included in subdivision eighteen of this  section.    8.  "Municipality"  means any county, city, town, village, improvement  district, or 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 public  corporation of the state, or any combination thereof.    9.  "Person" means any natural person, partnership, association, joint  venture or corporation, exclusive of a public corporation.    10. "Project"  means  any  solid  waste  management-resource  recovery  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.    11.  "Real property" means 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 judgment, mortgages or otherwise and all claims  for damage for such real property.    12. "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.    13. "Revenues" means all rates, fees, rents, charges and other  income  derived by the authority from its operation.    14.  "Solid  waste"  means  all  putrescible and non-putrescible solid  wastes, including, but not limited to, 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,  or  are  being  accumulated, stored, or physically, chemically or  biologically  treated  prior  to being discarded or rejected, having served their intended use,  or as  a  manufacturing  by-product,  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.    15. "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,   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,   co-composting  recycling  facilities  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.  Any such  facility  producing  either  electricity  or shaft horsepower and useful  thermal energy shall constitute a co-generation facility  as  designated  in subdivision two-a of section two of the public service law.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. "State" means the state of New York.    18.  "Towns"  means  the  towns  of  Stephentown,  Berlin, Petersburg,  Grafton,  Hoosick,  Pittstown,  Poestenkill,  Schaghticoke,  Sand  Lake,  Nassau,   Schodack,  Brunswick,  village  of  Schaghticoke,  village  of  Castleton-on-Hudson, village of Nassau, village of Valley Falls, and the  village of Hoosick 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  four  of section two thousand fifty-cc of  this title by filing the certificate required by that section.