New York Laws
Title 29 - Development Authority of the North Country Act
2702 - Definitions.

§ 2702. Definitions. As used in this title, the following words and
terms shall have the following meanings unless the context indicates
another or different meaning or intent:

1. "Authority" shall mean the public benefit corporation created by
section twenty-seven hundred three of this title, known as the
development authority of the north country.

2. "Bonds" shall means 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 any project financed
under the provisions of this title; 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 a project or any portion thereof financed
under the provisions of this title embraces all or any part of the cost
of construction and acquisition of all lands, structures, real or
personal property, rights, rights-of-way, franchises, easements and
interests acquired or used for a project, the cost of demolishing or
removing any buildings or structures on land so acquired, including the
costs of relocating tenants or other occupants of the building or
structures on such land and the cost of acquiring any lands to which
such buildings or structures may be moved, the cost of all machinery and
equipment, financing charges, interest, reserves for principal and
interest and for extensions, enlargements, additions, replacements,
renovations and improvements, cost of engineering, financial and legal
services, plans, specifications, studies, surveys, estimates of cost and
of revenues, administrative expenses, expenses necessary or incident to
determining the feasibility or practicability of constructing the
project and such other expenses as may be necessary or incident to the
construction and acquisition of the project, the financing of such
construction and acquisition and the placing of the project in
operation, including all costs relating to the refinancing or
satisfaction of existing indebtedness; and any reimbursements to any
municipality, state agency, the state, the United States or any other
person or public corporation for expenditures that would be costs of any
project hereunder had they been made directly by the authority.

5. "Existing sewer system" shall mean all sewers, including, without
limitation, trunk, intercepting, connecting, lateral and other sewers,
storm water drains, pumping stations, disposal or treatment plants or
works, structures, appliances, equipment and other adjuncts thereto,
comprising the portion of the system of sewerage owned by any
participating county or municipality within a participating county, as
delineated on a map filed by the governing body of such county or
municipality with the secretary of the state of New York pursuant to
this title.

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, authority or
public corporation of the state, or any of the foregoing, or any
combination thereof.

7. "Participating counties" shall mean the counties of Jefferson, St.
Lawrence and Lewis.

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

9. "Project" shall mean a sewerage facility, solid waste management
facility, water facility, or any portion of which, the planning,
development, financing, acquisition, construction, operation or
maintenance is authorized to be undertaken in whole or in part by the
authority pursuant to this title.

10. "Real property" shall mean lands, structures, improvements
franchises and interests in land, including lands under water,
waterfront property, marginal streets and riparian rights, space rights
and air rights and any and all other things and rights usually included
within said term and any fixtures, equipment and articles of personal
property affixed to or used in connection therewith. Real property shall
also mean and include any and all interests in such property less than
full title, such as easements, 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, and also
all claims for damages for such real estate.

11. "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.

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

13. "Sewerage facility" shall mean a system of trunk, intercepting and
connecting, lateral and outlet sewers, storm water drains, pumping and
ventilating stations, disposal or treatment plants or works, and other
appliances and structures, which in the judgment of the authority will
provide an effectual and advantageous means for relieving the
participating counties and municipalities within the participating
counties from pollution created by the sewage and waste and relieving
the participating counties and municipalities within the participating
counties from inadequate sanitary and storm water drainage by providing
for the sanitary disposal or treatment of the sewage thereof, or such
sections or parts of such systems as the authority may from time to time
deem it proper or convenient to construct, consistent with purpose of
this title.

14. "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.

15. "Solid waste management 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 refining 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.

16. "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.

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

18. "United States" shall mean the United States of America or any
department, agency or instrumentality thereof acting on behalf of the
United States of America.

19. "Water facility" shall mean any water supply or distribution
system or systems, including any plants, works, instrumentalities or
parts thereof and appurtenances thereto, lands, easements, rights in
land and water rights, right-of-way, contract rights, franchises,
approaches, connections, dams, reservoirs, water mains and pipe lines,
pumping stations and equipment, or any other property incidental to and
included in such system or part thereof, and any improvements,
extensions and betterments.

20. "Community facility" shall mean any facility in the participating
counties that provides for the health, education and welfare of the
residents of the region within such participating counties, including
but not limited to medical facilities, housing facilities, educational
facilities, transportation facilities, municipal service facilities, and
cultural and social facilities.