New York Laws
Title 13-AA - Montgomery, Otsego, Schoharie Solid Waste Management Authority
2041-A - Definitions.

§ 2041-a. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:

1. "Area of operation" shall mean any or all of the participating
counties.

2. "Authority" shall mean the public benefit corporation created by
section two thousand forty-one-b of this title, known as the Montgomery,
Otsego, Schoharie solid waste management authority.

2-a. "Authorities budget office" shall mean the independent entity
within the department of state established pursuant to section four of
this chapter.

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

4. "Construction" shall mean the acquisition, erection, building,
alteration, repair, improvement, increase, enlargement, extension,
reconstruction, renovation or rehabilitation of a solid waste management
resource recovery facility including any appurtenances thereto which may
be necessary or desirable to promote the efficiency or effectiveness of
a project; 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 contract, means and includes 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 and 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 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 a county, any
municipality, state authority, 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" shall mean the members of the authority
constituting and acting as the governing body of the authority.

7. "Legislative body" or "legislative bodies" shall mean any or all of
the boards of supervisors of the counties of Montgomery and Schoharie
and the board of representatives of the county of Otsego.

8. "Municipality" shall mean any county, including any participating
county, city, town, village, refuse district under the county law,
improvement district under the town law, any other such instrumentality,
including an agency or public corporation of the state, or any of the
foregoing, or any combination thereof.

9. "Participating counties" shall mean those of the counties of
Montgomery, Otsego and Schoharie that shall have appointed members of

the authority and shall have filed a certificate in accordance with
section two thousand forty-one-b of this title.

10. "Person" shall mean any natural person, partnership, association,
joint venture or corporation, exclusive of a public corporation.

11. "Primary public water supply aquifer" shall mean a highly
productive water bearing formation identified by the department
consisting of unconsolidated (non-bedrock) geologic deposits, which:
(1) receives substantial recharge from the overlying land surface; and
(2) is presently utilized as a major source of water for public water
supply.

12. "Principal aquifer" shall mean unconsolidated (non-bedrock)
geologic deposits identified by the department which: (1) receives
substantial recharge from the overlying land surface; (2) is known to be
highly productive or whose geology suggests a potentially abundant
source of water; and (3) is not presently used as a major source of
water for public water supply.

13. "Project" shall mean any solid waste management resource recovery
facility and any appurtenances thereto necessary or desirable to promote
the efficiency or effectiveness of any facility, of which, or any
portion of which, the planning, development, financing, construction,
operation or maintenance is authorized to be undertaken in whole or in
part by the authority pursuant to this title.

14. "Real property" shall mean lands, structures, franchises and
interests in land, waters, lands underwater, riparian rights, air
rights, space rights and any fixtures, equipment and articles of
personal property affixed to or used in connection therewith, 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 damages for such real estate.

15. "Resource recovery" shall mean the separation, extraction and
recovery of usable materials, energy or heat from solid waste through
source separation, incineration, 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 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, or are being accumulated, stored, or physically, chemically or
biologically treated prior to being discarded, having served their
intended use, or are a manufacturing by-product, including, but not
limited to, garbage, refuse, and other discarded solid materials,
including solid waste materials resulting from industrial, commercial
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, 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 resource recovery facility" or "facility"
shall mean any facility, plant, works, system, building, structure,
improvement, machinery, equipment, fixture or other real or personal
property which is being 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, and other solid
waste disposal, reduction or conversion facilities and resource recovery
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 defined in
subdivision two-a of section two of the public service 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.