Section 2047-E. Powers of the agency  


Latest version.
  • The agency shall have the power:
        1. To sue and be sued.
        2. To have a seal and alter the same.
        3.  To  acquire in the name of the agency, hold, sell, lease, mortgage
      or otherwise dispose of  property,  real,  personal  or  mixed,  or  any
      interest therein, without limitation, for its corporate purposes.
        4.  To  take by eminent domain, in the name of the agency, pursuant to
      the eminent domain procedure law, within the area of operation, any real
      property, easements or rights in land required by the  agency  to  carry
      out the powers granted by this title.
        5.  To  collect, receive, transport, process, dispose of, sell, store,
      convey, recycle, and deal with, in any lawful manner and way, waste  and
      any  products  or  by-products  thereof  now  or  hereafter developed or
      discovered, including any energy generated by the operation of any waste
      management-resource recovery facility. Any such disposal or sale may  be
      effected on such terms and in such manner as the agency may deem proper.
        6. To plan, develop and construct projects and to pay the cost thereof
      and   to   have   the   right  to  contract  in  relation  thereto  with
      municipalities or persons within or without the county and  to  own  and
      operate,  maintain,  repair,  improve, reconstruct, enlarge, and extend,
      subject to the provisions of this title, any of its projects acquired or
      constructed under this title, and to sell, lease, mortgage or  otherwise
      dispose  of  any  project  or  part  thereof  to  any  person  or public
      corporation, subject to such conditions and limitations  as  the  agency
      may determine to be in the public interest.
        7.  To assist in the planning, development and construction of and the
      financing of the cost of any waste management-resource recovery facility
      to  be   located   in   the   county   whether   or   not   such   waste
      management-resource  recovery facility is to be owned or operated by the
      agency, which assistance may include  loans  to  any  person  or  public
      corporation.   Any  such  waste  management-resource  recovery  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.
        8. To collect or receive  from  the  United  States,  the  state,  the
      county,  any other municipality or public corporation or person, or from
      such other sources as the authority  may  deem  proper,  waste  for  the
      purpose  of  treatment or disposal thereof, with the right of the agency
      to sell and dispose of any products or by-products (including energy) of
      such process of treatment or disposal, as the agency may deem proper.
        9. To contract with the county, other municipalities,  state  agencies
      or  authorities,  public  corporations  or persons within or without the
      county, for the purpose of collecting, receiving, treating and disposing
      of waste including, without limitation, to contract with persons for the
      delivery of all waste generated within a stated area to a specific waste
      management-resource recovery facility.
        10. To adopt by-laws for the management and regulation of its  affairs
      and,  subject  to agreements with bondholders, for the regulation of the
      use of any project or other property of the agency,  which  by-laws  and
      all  amendments  thereto, duly certified by the secretary of the agency,
      shall be filed in the office of the agency and  in  the  office  of  the
      clerk  of  the county legislature, and to provide for the enforcement of
      such by-laws by legal or equitable  proceedings  which  are  or  may  be
      provided or authorized by law. In addition, the county legislature shall
      have  power  to  prescribe  that  violations  of specific by-laws of the
      agency shall constitute offenses or  infractions  and  provide  for  the
      punishment of violations thereof by civil penalty.
    
        11.  With  the  consent  of  the  county executive, to use officers or
      employees of the county and to pay a proper portion of the  compensation
      or costs for the services for such officers or employees.
        12.  To  make  contracts  and  to  execute all necessary or convenient
      instruments,  including  evidences  of   indebtedness,   negotiable   or
      non-negotiable.
        13.  To  enter  on any lands, waterways and premises within the county
      for the purpose of making  surveys,  soundings,  and  examinations,  and
      liability therefor shall not exceed actual damages.
        14. To borrow money and to issue bonds and to fund or refund the same,
      and to provide for the rights of the holders thereof.
        15.  Subject  to  any  limitations imposed by any contract pursuant to
      subdivision two of section two thousand forty-seven-t of this title,  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 agency so as to provide revenues sufficient at all times to pay,
      as the same shall become due, the principal and interest on the bonds of
      the agency, 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  agency,  together  with
      proper   reserves   for  debt  service,  depreciation,  maintenance  and
      contingencies and all other obligations and indebtedness of the agency.
        16. To accept gifts, grants, loans or contributions  from  the  United
      States, the state or any agency or instrumentality of either of them, or
      any  municipality  or  from  any person, by bequest or otherwise, and to
      expend the proceeds for any corporate purposes of the agency.
        17. To do all things necessary or convenient to carry out  the  powers
      expressly given in this title.
        18.  Notwithstanding any of the above, the site of a proposed project,
      as defined in subdivision ten of section two thousand  forty-seven-b  of
      this  title  and  the  selection of a resource recovery technology to be
      utilized in the project,  shall  require  the  approval  of  the  county
      legislature   by  an  appropriate  resolution,  subject  to  the  county
      executive's veto.
        * NB There are 2 § 2047-e's