Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
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 1281
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 12
§ 1281. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:

1. "Corporation" shall mean the corporation continued by section
twelve hundred eighty-two of this title.

2. "Construction" shall mean the erection, building, acquisition,
alteration, reconstruction, improvement, enlargement or extension of
sewage treatment works, sewage collecting systems, solid waste disposal
facilities, air pollution control facilities, water management
facilities, storm water collecting systems, state park infrastructure
projects, or all or any portion of Riverbank Park as the case may be;
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 necessary thereto.

3. "Governing body" shall mean

a. In the case of a county, city, town, village, county or town
improvement district, the board of supervisors, board of aldermen,
common council, commission, town board, board of trustees or other
elective board or body now or hereafter vested by state statute, charter
or other law with jurisdiction to initiate and adopt local laws or
ordinances, whether or not such local laws or ordinances require the
approval of the chief executive officer or other official or body to
become effective;

b. In the case of a district corporation, the board vested with the
management and control of the corporation; and

c. In the case of a sewer authority now existing in a city, the
members of such authority.

4. "Municipal bonds and notes" shall mean the bonds and notes
authorized and issued pursuant to the local finance law or other act of
the legislature by any municipality for the purposes of financing the
construction of a sewage treatment works, sewage collecting system,
storm water collecting system, water management facility, air pollution
control facility, or solid waste disposal facility.

5. "Municipality" shall mean any county, city, town, village, district
corporation, county or town improvement district, sewer authority now
existing in a city, or any two or more of the foregoing which are acting
jointly in connection with a sewage treatment works, sewage collecting
system, solid waste disposal facility, air pollution control facility,
water management facility, or storm water collecting system. For
purposes of sections twelve hundred eighty-five-j and twelve hundred
eighty-five-m of this title only, a municipality may, in addition to the
foregoing, include an Indian nation or tribe recognized by the state or
the United States with a reservation wholly or partly within the
boundaries of New York state, any public benefit corporation or public
authority established pursuant to the laws of New York or any agency of
New York state which is empowered to construct and operate a municipal
water pollution control project or water management facility, or any two
or more of the foregoing which are acting jointly in connection with a
municipal water pollution control project or water management facility.
For purposes of section twelve hundred eighty-five-m of this title only,
a municipality may, in addition to the foregoing, include a school
district.

6. "Real property" shall mean lands, structures, franchises and
interests in land, 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
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.

7. "Sewage collecting systems" shall mean systems of underground
conduits designed to pick up sewage from commercial, residential and
industrial properties and deliver it by gravity with or without
intermediate pumping to a sewage treatment or disposal plant.

8. "Sewage treatment works" shall mean a facility for the purpose of
treating, neutralizing or stabilizing sewage, industrial waste or a
combination thereof, including but not limited to treatment or disposal
plants, the necessary intercepting, outfall, force mains and outlet
sewers, pumping stations integral to such plants or sewers, and other
property used for treating, utilizing, storing, processing, or finally
disposing of sewage or industrial waste, equipment and furnishings
thereof and their appurtenances.

9. "Solid waste" shall mean all putrescible and non-putrescible solid
wastes, including but not limited to garbage, refuse, sludge, rubbish,
ashes, incinerator residue, street cleanings, dead animals, demolition
and construction debris, automobile bodies, offal and other discarded
and solid materials, including but not limited to that resulting from
commercial, industrial, construction, demolition, agricultural,
governmental, residential or community processes or activities.

10. "Solid waste disposal facility" shall mean a facility or site for
the purpose of treating, compacting, recycling, or disposing of solid
waste materials, including treatment, compacting, resource recovery or
disposal plants, equipment and furnishings thereof used for the storage,
treatment, compacting, composting, shredding, converting, utilization,
processing, or final disposal of solid waste, including but not limited
to resource recovery facilities, mechanical, chemical or thermal
processing systems, incinerators, sanitary landfills, other facilities
for the storage, reduction or conversion of solid waste, used singly or
in combination, and appurtenances, furnishings, equipment and machinery
deemed necessary thereto, whether said facility or site serves one or
more purposes in addition to the primary purpose of disposing of solid
waste materials, and a facility or site for the collection and
conveyance of solid wastes, including but not limited to transfer
stations, baling facilities, railroad and maritime facilities, motor
trucks or vehicles and appurtenances, furnishings, equipment and
machinery deemed necessary thereto, but not including services necessary
for the collection of solid wastes.

11. "State agency" shall mean any officer, authority, corporation,
department, board, commission, bureau, division, public benefit
corporation, council, agency or instrumentality of the state.

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

13. "Cost" as applied to any project shall include, but not be limited
to, cost of construction of the project, the cost of 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 buildings or
structures may be moved or relocated, the costs of all systems,
facilities, machinery and equipment, financing charges, interest prior
to and during construction, the cost of engineering and architectural
surveys, plans and specifications, the cost of consultants' and legal
services, the cost of lease guarantee or bond insurance, other expenses
necessary or incident to the construction of such project and the
financing of the construction thereof, including the amount authorized
in the resolution of the corporation providing for the issuance of bonds
to be paid into any special fund from the proceeds of such bonds and the
financing of the placing of any project in operation, including
reimbursement to any municipality, state agency, the state, the United
States government, or any other person for expenditures, made with the
prior approval of the corporation, that would be costs of the project
hereunder had they been made directly by the corporation.

14. "Person" shall mean any person, including individuals, firms,
partnerships, associations, public utilities or corporations organized
or existing under the laws of the state or any other state, exclusive of
a municipal corporation or state agency.

15. "Project" shall mean any sewage treatment works, sewage collecting
systems, solid waste disposal facilities, air pollution control
facility, water management facility, industrial hazardous waste
treatment, storage, exchange and disposal facility, inactive hazardous
waste disposal site remedial program, storm water collecting system, and
waste oil recovery, reprocessing and rerefining facilities or any other
works or facilities which the corporation is authorized to plan,
finance, construct, operate or maintain under the provisions of this
title including all buildings, systems, facilities, appurtenances,
machinery and equipment which the corporation deems necessary for the
operation of the project, including the site therefor, together with all
property, rights, easements and interests, either on or off such site,
which may be required for the operation of the project.

16. "Sewage" shall mean the water-carried human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such ground water infiltration and surface water as may be
present. The admixture with sewage of industrial waste or other waste
shall also be considered "sewage" within the meaning of this title.

17. "Air pollution control facility" shall mean a facility, for the
purpose of abating or controlling atmospheric pollutants, contaminants,
waste or heat, by recovery methods or otherwise, whether said facility
serves one or more purposes in addition to the primary purpose of
abating or controlling such pollutants, contaminants, waste, or heat,
including treatment, neutralizing or stabilizing plants, site equipment
and necessary furnishings thereof, their appurtenances, and any
property, real or personal, functionally related and subordinate to said
facility.

18. "Industrial waste" shall mean any liquid, gaseous, or solid waste
substance or a combination thereof resulting from any process of
industry, manufacture, trade, or business, or from the development,
processing, or recovery of any natural resource which pollutes the water
or air of the state.

19. "Water management facility" shall mean a water supply facility or
a facility or site for the supply, control, treatment and distribution
of water, including but not limited to water transmission lines, pumping
stations, reservoirs, dams and other impoundments, and all of the
necessary appurtenances incidental thereto for the purpose of providing
a public water supply. It shall also mean a facility for the purpose of
abating or controlling water pollutants, contaminants, waste or heat, by
recovery methods or otherwise, whether said facility serves one or more
purposes in addition to the primary purpose of abating or controlling
such pollutants, contaminants, waste or heat, including but not limited
to treatment, neutralizing or stabilizing plants, site equipment and
necessary furnishings thereof, their appurtenances, and any other
property, real or personal, functionally related and subordinate to said
facility.

20. "Storm water collecting system" shall mean systems of conduits and
all other constructions, devices, and appliances appurtenant thereto,
designed and used to collect and carry storm water and surface water,
street wash and other wash or drainage waters.

21. "Resource recovery facilities" shall mean facilities, structures,
machinery, or devices, singly or in combination, designed, constructed
and required to separate, process, modify, convert, treat, or prepare
collected solid waste so that component materials or substances or
recoverable resources may be used as a raw material or for their
productive purposes, which are required for the process of obtaining
materials, substances, or heat, oil, gas or other sources or forms of
energy from solid waste for use or reuse, including but not be limited
to, singly or in combination, structures, mechanical, chemical or
thermal processing systems, furnaces, steam generating equipment,
electric generating equipment, pyrolization facilities and other
appurtenances, furnishings, equipment and machinery deemed necessary
thereto.

22. "Industrial hazardous waste" shall mean an industrial waste or
combination of wastes, which because of its quantity, concentration, or
physical, chemical or infectious characteristics may:

(a) cause, or significantly contribute to an increase in serious
irreversible, or incapacitating reversible illness; and/or

(b) pose a substantial present or potential hazard to human health or
the environment and, therefore, must be segregated and excluded from the
general municipal waste system and sewage collection and treatment
process.

23. "Industrial hazardous waste treatment, storage and disposal
facility" shall mean a specialized facility or site other than a sewage
treatment for the purpose of treating, storing, compacting, recycling,
exchanging, or disposing of industrial hazardous waste materials,
including treatment, compacting, resource recovery or disposal plants,
equipment and furnishings thereof used for the storage, treatment,
compacting, composting, shredding, converting, utilization, processing,
or final disposal of hazardous waste, including but not limited to
mechanical, chemical or thermal processing systems, incinerators,
sanitary landfills, other facilities for the storage, reduction or
conversion of hazardous waste, including but not limited to transfer
stations, baling facilities, railroad and maritime facilities, motor
trucks or vehicles and appurtenances, furnishings, equipment and
machinery deemed necessary thereto.

24. "Hazardous waste" shall have the same meaning as set forth in
section 27-1301 of the environmental conservation law.

25. "Inactive hazardous waste disposal site" shall have the same
meaning as set forth in section 27-1301 of the environmental
conservation law.

26. "Inactive hazardous waste disposal site remedial program" shall
have the same meaning as set forth in section 27-1301 of the
environmental conservation law.

27. "Municipal water pollution control project" shall mean a sewage
facility or related facility which is an "eligible project" within the
meaning of section 17-1909 of the environmental conservation law.

* 28. "Riverbank Park" shall mean a park or parks to be located on a
site of approximately twenty-eight acres, on the roof of and adjacent to
the North River sewage treatment plant, located at the Hudson River
between 137th and 145th Streets in the borough of Manhattan, city of New
York, including all buildings, systems, bridges and other means of
pedestrian or vehicular access, recreational, cultural and athletic
facilities, appurtenances, machinery and equipment which the corporation
deems necessary for the operation of such park or parks, including the
site therefor, together with all property, rights, easements and
interests, either on or off such site, which may be required for the
operation of such park or parks. Such recreational, cultural and
athletic facilities may include, without limitation, swimming pools,
gymnasia, athletic fields, skating rinks, tennis courts, theaters or
amphitheaters and centers for the performing arts.

* NB There are 2 sub 28's

* 28. "Waste" means any garbage, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility,
and other discarded material, whether or not such material may
eventually be used for some other purpose, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial,
commercial, mining and agricultural operations or from community
activities, and source, special nuclear or by-product material as
defined in the Atomic Energy Act of 1954, as amended, except as may be
provided by existing agreements between the state of New York and the
government of the United States, but does not include solid or dissolved
material in domestic sewage, or solid or dissolved materials in
irrigation return flows or industrial discharges which are point sources
subject to permits under article seventeen of the environmental
conservation law.

* NB There are 2 sub 28's

29. "State park infrastructure" shall mean state park resources,
recreational facilities and historic sites and any other property, real
or personal, under the jurisdiction of the New York state office of
parks, recreation and historic preservation, together with machinery,
equipment, furnishings and fixtures relating thereto or used in
connection therewith.

30. "State park infrastructure project" shall mean all costs incurred
or to be incurred by or on behalf of the office of parks, recreation and
historic preservation for the purpose of preserving, improving or
rehabilitating state park infrastructure.

31. "Waste oil" shall mean used engine lubricating oil and any other
oil, including but not limited to, fuel oil, motor oil, gear oil,
cutting oil, transmission fluid, hydraulic fluid, dielectric fluid, oil
storage tank residue, animal oil, and vegetable oil, which has been
contaminated by physical or chemical impurities, through use or
accident, and has not subsequently been rerefined.

32. "Waste oil recovery, reprocessing and rerefining facilities" shall
mean facilities, structures, machinery, or devices, singly or in
combination, for purposes of separating, processing, modifying,
converting, treating or otherwise preparing waste oil so that it, or its
components or substances, may be beneficially reused, including reuse as
raw materials, as lubricants, or as an energy source. Such facilities,
structures, machinery or devices may include, but shall not be limited
to, mechanical, chemical or thermal processing systems, furnaces,
laboratories, storage and blending tanks, pumping stations, transfer
stations, railroad and maritime facilities, motor trucks or vehicles and
other appurtenances, furnishings, machinery and equipment deemed
necessary thereto.

33. "Water supply facility" or "water supply project" shall mean a
water supply facility which is an "eligible project" within the meaning
of subdivision four of section eleven hundred sixty of the public health
law.

34. "Recipient" shall mean any municipality, public utility, or
person, including any individual, firm, partnership, association,
not-for-profit corporation or other corporation organized and existing
under the laws of the state or any other state which is empowered to
construct and operate an eligible project, or any two or more of the
foregoing which are acting jointly in connection with an eligible
project.