Section 2051-E. Powers of the authority  


Latest version.
  • The authority 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  authority,  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 condemn, in the name of the authority pursuant  to  the  eminent
      domain  procedure  law, any real property within the county and required
      by the authority 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, solid waste
      and  any  products  or by-products thereof now or hereafter developed or
      discovered, including any energy generated by the operation of any solid
      waste management facility. Any such disposal or sale may be effected  on
      such terms and in such manner as the authority 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 authority
      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  solid waste management facility to be
      located in the  county  whether  or  not  such  solid  waste  management
      facility  is  to be owned or operated by the authority, which assistance
      may include loans to any person or public corporation.  Any  such  solid
      waste  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, receive from the United States, the state, the county,
      any other municipality or public corporation or person solid  waste  for
      the  purpose  of  treatment  or  disposal thereof, with the right of the
      authority to sell and dispose of any products or by-products  (including
      energy)  of  such process of treatment or disposal, as the authority may
      deem proper;
        9. To contract with the county, other municipalities, state  agencies,
      public  corporations  or  persons  within or without the county, for the
      purpose of receiving, treating and disposing of  solid  waste  including
      without  limitation  to  contract  with  municipalities, state agencies,
      public corporations or persons for  the  delivery  of  all  solid  waste
      generated  within  a  stated  area  to a specific solid waste management
      facility;
        10. To make 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 authority, which by-laws and
      all  amendments  thereto,  duly  certified  by  the  secretary  of   the
      authority,  shall  be  filed  in  the office of the authority and in the
      office of the clerk of the county, 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 board of supervisors
      shall have power to prescribe that violations of specific by-laws of the
      authority shall constitute offenses or infractions and provide  for  the
      punishment of violations thereof by civil and criminal penalties;
    
        11.  With  the consent of the chairman of the board of supervisors, 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 or premises for the purpose of
      making surveys, soundings and  examinations,  any  liability  for  which
      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.  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 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;
        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 or public corporation, by bequest or
      otherwise,  and to expend the proceeds for any corporate purposes of the
      authority;
        17. To act as an agency, as such term is used in section  two  hundred
      fifty-one of the county law; and
        18.  To  do all things necessary or convenient to carry out the powers
      expressly given in this title.
        * NB There are 3 § 2051-e's