Legislation

Search OpenLegislation Statutes

This entry was published on 2024-11-29
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2053-B
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 13-M
§ 2053-b. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:

1. "Animal shelter" shall mean any facility, building, or structure,
where temporary or permanent housing and care is provided to stray,
abandoned, abused, seized, impounded, owner-surrendered or otherwise
unwanted animals.

2. "Animal management services" shall mean any and all services
provided to promote animal care and to protect public health and safety,
including, but not limited to the following services: providing housing
and care for stray, abandoned, abused, seized, impounded,
owner-surrendered or otherwise unwanted animals in an animal shelter;
the processing and disposal of animal waste; the disposal of dead
wildlife removed from roadways following wildlife-vehicle collisions;
providing animal control; and any other similar service related thereto.

3. "Authority" shall mean the public benefit corporation created by
section two thousand fifty-three-c of this title, known as the Rockland
county solid waste management authority and shall also hereby be known
as Rockland Green and/or RG Cares.

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

5. "Construction" shall mean the acquisition, erection, building,
alteration, improvement, increase, enlargement, extension,
reconstruction, renovation or rehabilitation of a solid waste management
facility or animal shelter; 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 subject
to the provisions of section two thousand fifty-three-f of this title.

6. "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, subject to the provisions of section two thousand
fifty-three-f of this title, 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, legal and other professional 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, any
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.

7. "County" shall mean the county of Rockland.

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

9. "Municipality" shall mean any county, city, town, village, district
or any combination thereof.

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

11. "Project" shall mean any solid waste management facility or animal
shelter, 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" 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.

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

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

15. "Solid waste" shall mean all putrescible and non-putrescible solid
wastes, including, but not limited to, materials or substances which are
discarded or rejected as being spent, useless, worthless, or in excess
to the owners at the time of such discard or rejection, or which are
being accumulated, stored, or physically, chemically or biologically
treated prior to being discarded or rejected, having served their
intended use, or which are manufacturing by-products, 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 or any scrap or other material of value
held for purposes of materials recycling other than materials designated
as recyclables, pursuant to section one hundred twenty-aa of the general
municipal law.

16. "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,
treatment, 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, material recovery facilities, mixed waste
processing facilities, household hazardous waste facilities, transfer
stations, shredding facilities, 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 or manufacturing or enhancing the value of materials or
commodities recovered from solid waste, 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.

17. "Solid waste management plan" shall mean the Rockland county
integrated solid waste management plan as it may be adopted, amended and
supplemented from time to time in accordance with section 27-0107 of the
environmental conservation law.

18. "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.

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