New York Laws
Title 13-C - Town of Islip Resource Recovery Agency
2046-B - Definitions.

§ 2046-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-six-c of this title and shall be deemed a
public authority.

2. "Bonds and notes" shall mean the bonds, notes or other obligations
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. "Construction" shall mean the erection, building, acquisition,
alteration, reconstruction, improvement, enlargement or extension 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.

4. "Cost", as applied to any project, shall include the cost of
acquisition of any project, the 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
land so acquired, including the cost of acquiring any land to which such
buildings 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 or
note 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 or notes to be paid into any reserve
or other special fund from the proceeds of such bonds or notes and the
financing of the placing of any project in operation, including
reimbursement to the town for expenditures made with the prior approval
of the agency, that would be costs of the project hereunder had they
been made directly by the agency.

5. "Governing body" shall mean the directors of the agency.

6. "Municipality" shall mean any county, city, town, village, school
district, fire district or a county or town acting on behalf of an
improvement district.

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

8. "Project" shall mean any solid waste management-resource recovery
facility, the planning, financing, construction, operation or
maintenance of which is authorized to be undertaken, in whole or in
part, by the agency pursuant to this title, including any real property
required in connection therewith.

9. "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.

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

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. "Solid waste" shall mean all putrescible and non-putrescible solid
wastes, including, but not limited to, 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 nineteen hundred
fifty-four, 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.

13. "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 facilities, including
auxiliary facilities to supplement or temporarily replace such
generating facilities, steam distribution facilities, sanitary
landfills, plants and facilities for compacting, composting or
pyrolyzation 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.

14. "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.

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

16. "Town" shall mean the town of Islip.

17. "Town board" shall mean the town board of the town of Islip.