New York Laws
Title 13-I - County of Franklin Solid Waste Management Authority
2051-B - Definitions.

§ 2051-b. Definitions. As used or referred to 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 fifty-one-c of this title, known as the county of
Franklin 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
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 mean and 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
relocating tenants or other occupants of the buildings or structures on
such land, 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 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, the financing of the placing of any project in operation and
reimbursement to the county, any municipality, and 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. "County" shall mean the county of Franklin.

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

7. "Municipality" shall mean any county, city, town, 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 facility, the
planning, development, financing, construction, operation or maintenance
of which is authorized to be undertaken in whole or in part by the
authority pursuant to this title.

10. "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.

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 authority 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, or waste which
appears on the list or satisfies the characteristics of hazardous waste
promulgated by the commissioner of environmental conservation pursuant
to section 27-0903 of the environmental conservation law.

14. "Solid waste management 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 source separation equipment and disposal equipment as defined
in subdivisions four and five of section 51-0903 of the environmental
conservation law.

15. "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.

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