2040-B - Definitions.
§ 2040-b. Definitions. 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 forty-c of this title. 2. "Construction" shall mean the erection, building, acquisition, alteration, reconstruction, improvement, enlargement or extension of a solid waste disposal and/or resource recovery and energy recovery facility, as the case may be; 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 therto. A co-disposal system utilizing sewage sludge is permissible. 3. "Governing body" shall mean the board of directors of the authority. 4. "Real property" shall mean lands, structures, franchises and interests in land, waters, lands under water, 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. 5. "Solid waste" shall mean all putrescible and non-putrescible solid wastes, including, but not limited to, garbage, refuse, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, demolition and construction debris, automobile bodies, offal and other discarded and solid materials, including, but not limited to, that resulting from commercial, industrial, construction, demolition, agricultural, governmental, residential or community processes or activities. 6. "Solid waste disposal facility" shall mean any facility used or useful for receiving, treating, shredding, compacting, transporting, storing, processing, converting, utilizing, recycling, or disposing of solid waste, including but not limited to, mechanical, chemical or thermal systems and including, but not limited to, transfer stations, baling facilities, railroad and maritime facilities, buildings, resource recovery facilities, incinerators, sanitary land fills, motor vehicles, machinery, apparatus, equipment, and furnishings, together with all real property required for any of the foregoing, but not including facilities or services necessary for the collection of solid waste. 7. "Cost", as applied to any project, shall include the cost of acquisition of any project, cost of construction of the project, the cost of 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 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 incident 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 any municipality, state agency, the state, the United States government, or any other person forexpenditures, made with the prior approval of the authority, that would be costs of the project hereunder had they been made directly by the authority. 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 disposal and/or resource recovery and energy recovery facility, the planning, financing, construction, operation, maintenance of which is authorized to be undertaken by the authority pursuant to this title, including any real property required in connection therewith. 10. "Industrial waste" shall mean any liquid, gaseous, or solid waste substance or a combination thereof resulting from (i) any process of industry, manufacture, trade, or business, or (ii) the development, processing, or recovery of any natural resource, which pollutes the water or air of the state. 11. "Resource recovery facilities" shall mean facilities, structures, machinery, or devices, singly or in combination, designed, constructed and required to separate, recycle and recover metals, glass, paper or other materials from solid waste for reuse or for energy production including, but not limited to, mechanical, chemical or thermal processing systems, furnaces, steam generating equipment, electric generating equipment, pyrolization facilities and other appurtenances, furnishings, equipment and machinery deemed necessary thereto. 12. "Towns" shall mean the towns of Babylon and Huntington, Suffolk county, New York. 13. "Town boards" shall mean the town boards of the towns of Babylon and Huntington, Suffolk county. 14. "Bonds and notes" shall mean the bonds, notes or other obligations issued by the authority pursuant to this title. 15. "Revenues" shall mean all rates, fees, rents, charges and other income derived by the authority from its operations. 16. "Municipality" shall mean any county, city, town, village, school district, fire district or a county or town acting on behalf of an improvement district. 17. "County" shall mean the county of Suffolk. 18. "Area of operation" shall mean all the territory within the boundaries of the towns. 19. "State" shall mean the state of New York.