New York Laws
Title 13-F - Town of North Hempstead Solid Waste Management Authority
2049-B - Definitions.

§ 2049-b. Definitions. As used in this title, unless a different
meaning clearly appears from the context:

1. "Authority" shall mean the public benefit corporation created by
section two thousand forty-nine-c of this title, known as the town of
North Hempstead solid waste management authority.

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

3. "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 preliminary or incidental
thereto.

4. "Cost", as applied to any project, shall mean and include the cost
of planning and design, 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
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 town or any municipality or 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.

5. "Governing body" shall mean the members of the authority
constituting and acting as the governing body of the authority.

6. "Municipality" shall mean any county, city, town, village, refuse
district under the county law, improvement district under the town law,
any other such instrumentality, including any agency or public
corporation of the state, any such instrumentality created under the
Nassau county civil divisions act, or any of the foregoing, or any
combination thereof.

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 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.

9. "Real property" shall mean 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 judgments, mortgages or otherwise.

10. "Resource recovery" shall mean the separation, extraction or
recovery of usable materials, energy or heat from solid waste through
source separation, incineration, recycling centers or other programs,
projects or facilities.

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

12. "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, is being accumulated, stored, or physically, chemically or
biologically treated prior to being discarded, has served its intended
use, or is a manufacturing or mining by-product, including, but not
limited to, garbage, refuse, and other discarded solid materials,
including solid waste materials resulting from industrial, commercial,
mining 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, 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 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, shredding or 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, 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 rerefining
facilities, incinerators and other solid waste disposal, reduction or
conversion facilities, and "resource recovery equipment" and "disposal
equipment" as such terms are 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.

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 North Hempstead.