Section 2050-T. Pledge by county; contracts with municipalities; powers of municipalities

1. The county is hereby  authorized  to  pledge  to  and  agree  with  the  holders of the bonds that the county will not limit or
  impair the rights hereby vested in the agency  to  purchase,  construct,
  maintain,   operate,   repair,   improve,   increase,  enlarge,  extend,
  reconstruct, renovate, rehabilitate or dispose of any  project,  or  any
  part  or  parts  thereof,  for which bonds of the agency shall have been
  issued, to establish and collect rates, rents, fees  and  other  charges
  referred  to  in  this  title and to fulfill the terms of any agreements
  made with the holders of the bonds or with  any  public  corporation  or
  person  with  reference  to  such project or part thereof, or in any way
  impair the rights and remedies of  the  bondholders,  until  the  bonds,
  together with interest thereon, with interest on any unpaid installments
  of  interest and all costs and expenses in connection with any action or
  proceeding by or  on  behalf  of  the  bondholders  are  fully  met  and
  discharged.
    2. The county and one or more municipalities within the county, or the
  agency  and  the  county, shall have power to contract from time to time
  between or among themselves, or among themselves and with the agency, in
  relation to the collecting, receiving, transporting, storage  processing
  or  disposal of solid waste or for the purchase or use of any materials,
  energy, by-products or  residue  generated  by  or  resulting  from  the
  operation  of any solid waste management-resource recovery facility. Any
  such contract to which the county and any municipality within the county
  are parties  may  include  provisions  stipulating  the  maximum  rates,
  rentals,  fees  and  other  charges  to  be  collected  for  the  use of
  facilities. Any contract to which the agency and the county are  parties
  may  include  provisions  (a)  requiring  the  periodic  delivery to the
  particular facilities of minimum amounts of solid  waste  and  providing
  for  specified minimum periodic payments whether or not such delivery is
  made subject to such limitations, exceptions and provisions  therein  or
  (b)  requiring  the  county  to  pay,  within  appropriations  available
  therefor, such amounts as shall be necessary  to  assure  the  continued
  operation and solvency of the agency, such payments to be determined and
  paid  in  such  manner  and  at  such  times  as may be provided in such
  contract.
    3. To further the governmental and  public  purposes  of  the  agency,
  including  the  implementation  of  any  contract  or  proposed contract
  contemplated by this title, the county shall have the power to adopt and
  amend local laws imposing  appropriate  and  reasonable  limitations  on
  competition   with   respect  to  collecting,  receiving,  transporting,
  delivering, storing, processing and disposing  of  solid  waste  or  the
  recovery  by  any  means  of  any material or energy product or resource
  therefrom,  including,  local  laws  requiring  that  all  solid   waste
  generated,  originated  or  brought  within their respective boundaries,
  subject to such exceptions as may be determined  to  be  in  the  public
  interest,    shall   be   delivered   to   a   specified   solid   waste
  management-resource recovery facility; provided, however, that any  such
  local  law  enacted  by  the county shall take precedence over and shall
  supersede any inconsistent provisions of any  local  law  enacted  by  a
  municipality  within  the county. Any such local law shall be adopted in
  accordance with the procedure provided by the municipal home  rule  law,
  except  that  no  such local law shall be subject to either mandatory or
  permissive referendum. For purposes of  this  subdivision,  solid  waste
  shall  have  the  meaning specified in this title, but shall not include
  any scrap or other material of value separated from the waste stream and
  held for purposes of materials recycling.

    4. The county is hereby authorized to resell or otherwise  dispose  of
  all  or  any  part  of  the  materials,  energy,  by-products or residue
  purchased from the agency pursuant to subdivision two of  this  section.
  Any  resale  of  or  other disposition may be made in such manner as the
  county  may  deem  proper  and  upon such terms and conditions as may be
  agreed upon by the parties thereto.
    5. The county and all other municipalities  within  the  county  shall
  have  power  to  perform  such  other  acts,  to  enter  into such other
  contracts, including contracts between or among themselves, execute such
  instruments and  to  undertake  such  future  proceedings  as  shall  be
  determined  necessary  or  desirable  to  effectuate the purpose of this
  title, including the making of gifts, grants, loans or contributions  to
  the agency.
    6. Except as otherwise provided by section one hundred twenty-w of the
  general  municipal  law,  any  contract  entered  into by a municipality
  pursuant to this section may be for such term or duration, not to exceed
  twenty-five years, as may be agreed upon by the parties thereto,  except
  that  any  contract relating to or affecting the security of any project
  financed in whole or in part by the agency may  provide  that  the  same
  shall  remain  in  full force and effect as long as the bonds issued for
  such project shall remain outstanding or until  adequate  provision  has
  been made for the payment or satisfaction thereof.
    7.  Any  contract  entered  into pursuant to this section to which the
  agency shall be a party may be pledged by the agency as security for any
  issue of bonds, and may be assigned, in whole or in part, by the agency,
  to any public corporation or person  which  shall  construct,  purchase,
  lease  or otherwise acquire any solid waste management-resource recovery
  facility, or part thereof, financed in whole or in part by the agency.
    8. Any contract,  lease  or  agreement  entered  into  by  the  agency
  pursuant  to  this  title  and  which provides for the construction of a
  facility which combusts solid waste, shall provide for  the  utilization
  of  the best available technology to control the environmental impact of
  such facility. Such technology may include  fabric  filtration  and  dry
  scrubbers to control particulate and acid gas emissions. Any facility at
  a   minimum  shall  be  constructed  and  operated  in  compliance  with
  requirements of the department of environmental conservation.  Any  such
  contract,  lease  or  agreement also shall include but not be limited to
  provisions for:
    (a) Monitoring of emissions for toxic air contaminants  or  surrogates
  thereof  where appropriate to determine permit compliance at least twice
  during the first year of operation and after  any  detection  of  permit
  violations, and at least annually thereafter; such monitoring to include
  provisions  for  use  of  statistically valid sampling procedures in all
  monitoring; and
    (b)  Sampling  and  testing  of  ash  and  dust  residues   at   least
  semi-annually,  pursuant  to  a method assuring statistical validity, to
  determine  appropriate  disposition  or  disposal  based   on   relative
  toxicity.
    Any  such contract, lease or agreement also may include provisions for
  the payment of up to one dollar and twenty-five cents per ton  of  solid
  waste  processed at such facility. Such payments shall be apportioned as
  follows: one dollar or a portion thereof to such town or city  in  which
  the  facility  is located; and twenty-five cents or a portion thereof to
  such fire district or to such city, for  fire  protection  purposes,  in
  which such facility is located.