New York Laws
Title 10-D - Nassau County Sewer and Storm Water Finance Authority
1232-B - Definitions.

§ 1232-b. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:

1. "Attorney general" means the state attorney general.

2. "Authority" means the public benefit corporation created by section
twelve hundred thirty-two-c of this title.

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 shall apply with equal
force and effect to notes and noteholders, respectively, unless the
context otherwise clearly requires.

4. "Comptroller" means the state comptroller.

5. "Construction" means the negotiation, acquisition, erection,
building, alteration, improvement, testing, increase, enlargement,
extension, reconstruction, interconnection, renovation or rehabilitation
of storm water resources facility, sewerage facility or storm water
resources and sewerage facility as the case may be; the inspection and
supervision thereof; and the engineering, architectural, legal,
appraisal, fiscal, environmental and economic investigations, services
and studies, surveys, designs, plans, working drawings, specifications,
procedures and other actions preliminary or incidental thereto.

6. "Cost" as applied to any project, 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 acquiring any lands to which such buildings or
structures may be moved or relocated; the cost of all systems,
facilities, machinery, apparatus, fixtures 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 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 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.

7. "County" means the county of Nassau.

8. "County charter" or "charter of the county" means the county
government law of Nassau county.

9. "County executive" means the county executive of the county.

10. "County legislature" means the county legislature of the county.

11. "District" means the Nassau county sewer and storm water resources
district created by the chapter of the laws of two thousand three that
added this title.

12. "Facility" or "facilities" means collectively a sewerage facility
or sewerage facilities and storm water resources facility or storm water
resources facilities.

13. "Governing body" means the members of the authority constituting
and acting as the governing body of the authority.

14. "Municipality" means any county, city, town, village, improvement
district under the town law, commissioner-run district, any other such
instrumentality, including any agency, or public corporation of the
state, or any of the foregoing or any combination thereof.

15. "Person" means any natural person, partnership, association, joint
venture, limited liability company or corporation, exclusive of a public
corporation as defined pursuant to article two-A of the general
construction law.

16. "Prior districts" means the twenty-seven county sewage collection
districts and three county sewage disposal districts heretofore
established by the county pursuant to the county charter and existing on
the day immediately prior to the effective date of this title.

17. "Project" means any storm water resources facility, sewerage
facility or storm water resources and sewerage facility, as the case may
be, including the acquisition, planning, development, financing or
construction thereof.

18. "Properties" means the storm water resources, sewerage and storm
water resources and sewerage system or systems of the authority, whether
situated within or without the territorial limits of the district,
including the plants, works, structures, instrumentalities or parts
thereof and appurtenances thereto, real property, storm water resources
facilities, sewerage facilities or any other property incidental to and
included in such system or systems or part thereof, and any
improvements, extensions and betterments.

19. "Real property" means lands, structures, franchises, rights and
interests in lands, 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.

20. "Revenues" means all payments and other income and receipts
derived by the authority including, without limiting the generality of
the foregoing, investment proceeds and proceeds of insurance and
condemnation, together with all federal, state or municipal aid.

21. "Sewage" means the water-carried human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such ground water infiltration and surface water as may be
present. The admixture of sewage with industrial or other waste also
shall be considered "sewage" within the meaning of this title.

22. "Sewerage facility" or "sewerage facilities" means any plants,
structures and other real and personal property acquired, rehabilitated
or constructed or planned for the purpose of collecting, conveying,
pumping, treating, neutralizing, storing and disposing of sewage,
including but not limited to main, trunk, intercepting, connecting,
lateral, outlet or other sewers, outfalls, pumping stations, treatment
and disposal plants, ground water recharge basins, back-flow prevention
devices, sludge dewatering or disposal equipment and facilities,
clarifiers, filters, phosphorus removal equipment and other plants,
works, structures, equipment, vehicles, conveyances, contract rights,
franchises, approaches, connections, permits, real or personal property
or rights therein and appurtenances thereto necessary or useful and
convenient for the collection, conveyance, pumping, treatment,
neutralizing, storing and disposing of sewage and to the extent not
covered by the foregoing, any facilities operated and maintained by the
prior districts.

23. "Sewerage services" means the collection, treatment and disposal
of sewage, any services provided by a sewerage facility and any other
service related thereto.

24. "State" means the state of New York.

25. "State agency" means any state officer, public benefit
corporation, department, board, commission, bureau or division, or any
other agency or instrumentality of the state.

26. "Storm water resources facility" or "storm water resources
facilities" means any plants, structures and other real and personal
property acquired, rehabilitated, constructed or planned for the purpose
of providing storm water resources services, including but not limited
to accumulating, transmitting or treating surface water, storm water or
ground water, including but not limited to surface water, storm water or
ground water reservoirs, basins, dams, canals, aqueducts, standpipes,
outfalls, conduits, pipelines, mains, pumping stations, pumps, ditches,
wells, injection wells, treatment plants and works, contract rights,
franchises, approaches, connections, permits, meters, rights of flowage
or diversion and other plants, structures, equipment, vehicles,
conveyances, real or personal property or rights therein and
appurtenances thereto necessary or useful and convenient for the
accumulation, transmission, or treatment of surface water or ground
water; provided, however, that such facilities shall not include any
facility for the provision of potable water.

27. "Storm water resources services" means the collection, treatment
and disposal of storm water and contaminated surface water or ground
water; the development, implementation and monitoring of insect control
programs; the monitoring and testing of surface and ground water
quality; the development and implementation of hazardous waste testing
programs; the development and implementation of hydro-geological studies
and reports of the territory encompassing the district; and any services
provided by a storm water resources facility and any other service
related thereto; provided, however, that such services shall not include
the provision of potable water; provided further that in no way shall
the provisions of this title be construed to expand storm water related
services for which the authority is authorized to provide beyond such
services provided by the county department of public works prior to the
effective date of this title.