2702 - Definitions.

§  2702.  Definitions.  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.