New York Laws
Title 13-B - Onondaga County Resource Recovery Agency
2045-B - Definitions.

§ 2045-b. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:

1. "Agency" shall mean the public benefit corporation created by
section two thousand forty-five-c of this title, known as the Onondaga
county resource recovery agency.

2. "Bonds" shall mean the bonds, notes or other evidences of
indebtedness issued by the agency 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. "Cost", as applied to any project, shall 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
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 agency 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 agency.

4. "County" shall mean the county of Onondaga.

5. "Construction" shall mean the acquisition, erection, building,
alteration, improvement, increase, enlargement, extension,
reconstruction, renovation or rehabilitation of a solid waste
management-resource recovery 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.

6. "Governing body" shall mean the members of the agency constituting
and acting as the governing body of the agency.

7. "Municipality" shall mean any county, city, town or village or any
combination thereof.

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 management-resource recovery
facility, the planning, development, financing, construction, operation,
or maintenance of which is authorized to be undertaken in whole or in
part by the agency pursuant to this title.

10. "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.

11. "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.

12. "Revenues" shall mean all rates, fees, rents, charges and other
income derived by the agency from its operations.

13. "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 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, source, 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.

14. "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 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, 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 and disposal equipment as defined in subdivisions four and
five of section 51-0903 of the environmental conservation law.

15. "State" shall mean the state of New York.

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.