New York Laws
Title 13-G - Ulster County Resource Recovery Agency
2050-B - Definitions.

§ 2050-b. Definitions. As used or referred to in this title, unless a
different meaning clearly appears in the context, the following terms
shall have the following meanings:

1. "Agency" means the public benefit corporation created by section
two thousand fifty-c of this title, known as the Ulster county resource
recovery agency.

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

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 building 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, credit enhancement 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 Ulster.

6. "County legislature" means the legislative body of the county.

7. "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.

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

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

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

11. "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.

12. "Real property" means lands, structures, franchises and interest
in lands, 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 interest
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.

13. "Resources 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.

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

15. "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, or 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.

16. "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 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, landspreading facilities, waste oil storage, reprocessing
and recycling facilities, 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.
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.

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

18. "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.