New York Laws
Title 13-D - Dutchess County Resource Recovery Agency
2047-B - Definitions.

§ 2047-b. Definitions. As used or to refer to in this title, unless a
different meaning clearly appears from the context:

1. "Agency" means the public benefit corporation created by section
two thousand forty-six-c of this title, known as the Dutchess County
Resource Recovery Agency.

2. "Area of operation" means the county of Dutchess.

3. "Bonds" means 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.

4. "Cost" as applied to any project, 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
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.

5. "County" means the county of Dutchess.

6. "Construction" means 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.

7. "Governing body" means the members of the agency constituting and
acting as the governing body of the agency.

8. "Municipality" means any county, city, town, village, improvement
district, or public corporation of the state, or any combination
thereof.

9. "Person" means any natural person, partnership, association, joint
venture or corporation, exclusive of a public corporation.

10. "Project" means 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.

11. "Real property" means lands, structures, franchises and interests
in land, 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 judgment, mortgages or otherwise.

12. "Resource recovery" means 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.

13. "Revenues" means all rates, fees, rents, charges and other income
derived by the agency from its operations.

14. "Solid waste" means 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.

15. "Solid waste management-resource recovery facility" or "facility"
means 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 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 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.

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

17. "Source separation" means the segregation of recyclable materials
from the solid waste stream at the point of generation for separate
collection, sale or other disposition.