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

1. "Area of operation" means either or both the counties of Oneida and
Herkimer.

2. "Authority" means the public benefit corporation created by section
two thousand forty-nine-cc of this title, known as the Oneida-Herkimer
solid waste management authority.

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

4. "Construction" means the acquisition, erection, building,
alteration, repair, 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.

5. "Cost" as applied to any project, means and includes the cost of
construction, the cost of the acquisition of all 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 and 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 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 either of the counties, 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 authority.

6. "Counties" means the counties of Oneida or Herkimer, or Oneida and
Herkimer individually, as shall be determined by the usage of such terms
in this title.

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

8. "Legislative body" or "legislative bodies" means either or both of
the county legislatures of the counties of Oneida and Herkimer.

9. "Municipality" means any county, city, town, village, improvement
district, or area established under the town law, refuse district
established under the county law, district or area having powers similar
to a refuse district created under any general or special law, 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, and any appurtenances thereto necessary or desirable to
promote the efficiency or effectiveness of any 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.

12. "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 and all claims
for damage for such real property.

13. "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.

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

15. "Solid waste" means all putrescible and non-putrescible solid
wastes, including, but not limited to, 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, or are being
accumulated, stored, or physically, chemically or biologically treated
prior to being discarded or rejected, having served their intended use,
or as a manufacturing by-product, including, but not limited to,
garbage, refuse, industrial, commercial and agricultural 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, 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.

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, 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 recycling facilities, 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. Any such facility producing either electricity or
shaft horsepower and useful thermal energy shall constitute a
co-generation facility as designated in subdivision two-a of section two
of the public service law.

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.

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