Section 2040-F. Powers  


Latest version.
  • The authority shall have the power:
        1. To sue and be sued;
        2. To have a seal and alter the same at pleasure;
        3.  To acquire, in the name of the authority, hold and dispose of real
      and  personal  property  or  any  interest  therein  for  its  corporate
      purposes,  provided  that  the  acquisition  of any real property by the
      authority (i) within the area of operation shall  be  subject  to  prior
      approval  by  the  town  boards,  and (ii) without the area of operation
      shall be subject to prior approval by the town  board  of  the  town  in
      which such property is located or, if located within the boundaries of a
      village,  subject to the prior approval of the board of trustees of such
      village;
        4. To receive, transport, process, dispose of,  sell,  store,  convey,
      recycle,  and  deal  with, in any lawful manner and way, solid waste and
      any by-products thereof now or hereafter developed or discovered;
        5. Subject to prior approval by the town boards, to  condemn,  in  the
      name  of  the  authority,  pursuant to the eminent domain procedure law,
      within the area of operation, any lands, easements  or  rights  in  land
      required by the authority to carry out the powers granted by this title;
        6. To construct and develop projects and to have the right to contract
      in  relation  thereto  with  the  towns and with other municipalities or
      persons within or without the area of operation and to own and  operate,
      maintain,  repair, improve, reconstruct, enlarge, and extend, subject to
      the provisions  of  this  title,  any  of  its  properties  acquired  or
      constructed  under this title, and to sell, lease, mortgage or otherwise
      dispose of any project or part thereof to any  person  or  municipality,
      subject  to  such  conditions  and  limitations  as  the  authority  may
      determine to be in the public interest;
        6-a. To assist in the construction, development and financing  of  any
      solid  waste  disposal  facility  to be located in the area of operation
      whether or not such solid waste disposal facility  is  to  be  owned  or
      operated  by  the  authority,  which assistance may include loans to any
      person or public corporation;
        7. To receive from the United States, the state, the towns, any  other
      municipality  or  public  corporation  or  person,  within  the  area of
      operations, or from such other sources as the authority may deem proper,
      solid wastes for the purpose of treatment or disposal thereof, with  the
      right  of  the  authority  to  sell  and  dispose  of  any  products  or
      by-products of such process of treatment or disposal, as  the  authority
      may deem proper;
        8. To contract with the towns, other municipalities, state agencies or
      authorities, or persons within or without the area of operation, for the
      purpose  of  receiving,  treating  and  disposing  of solid waste by the
      authority;
        9. To adopt by-laws for the management and regulation of  its  affairs
      and,  subject  to agreements with bondholders and noteholders, rules for
      the receiving and disposing of solid wastes and charges therefor. A copy
      of such rules and by-laws, and all amendments thereto, duly certified by
      the secretary of the authority shall be  filed  in  the  office  of  the
      authority;
        10.  To  contract  with  the  towns,  for  the  use of the officers or
      employees of the towns, any such contract to provide for the payment  by
      the  authority  of a proper portion of the compensation for the services
      of such officers or employees;
        11. To make contracts and  to  execute  all  necessary  or  convenient
      instruments,   including   evidences   of  indebtedness,  negotiable  or
      non-negotiable;
    
        12. To enter on any lands, waterways and premises for the  purpose  of
      making  surveys,  soundings,  and  examinations,  and liability therefor
      shall not exceed actual damages;
        13.  To  borrow  money and to issue negotiable bonds or notes or other
      obligations and to fund or refund the  same,  and  to  provide  for  the
      rights of the holders of its bonds or notes;
        14.  To fix and collect rates, rentals, fees and other charges for the
      use of the facilities of, or services rendered by,  or  any  commodities
      furnished  by  the authority so as to provide revenues sufficient at all
      times to pay, as the same shall become due, the principal  and  interest
      on  the bonds, notes or other obligations of the authority together with
      the maintenance of proper reserves therefor, in addition to  paying,  as
      the same shall become due, the expenses of operating and maintaining the
      properties  of  the  authority,  together  with proper reserves for debt
      service, depreciation,  maintenance  and  contingencies  and  all  other
      obligations and indebtedness of the authority;
        15.  To accept grants, loans, or contributions from the United States,
      the state of New York, or any agency or  instrumentality  of  either  of
      them,  or  the  county, or any municipality or individual, by bequest or
      otherwise, and to expend the proceeds for any purposes of the authority;
        16. To do all things necessary or convenient to carry out  the  powers
      expressly given in this title.