2052-B - Definitions.

* §  2052-b. 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  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 speciallaw,  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