Section 2052-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 take by eminent domain, in the name of the  authority,  pursuant
      to  the  eminent domain procedure law, any real property within the area
      of operation 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 byproducts 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;
      provided,  however,  that  in  the  acquisition  of  any  real  property
      designated as the site  for  any  facility,  the  authority  shall  give
      consideration  to the present and any proposed land use character of the
      area in which the site is to be located and zoning laws or  regulations,
      if any, otherwise generally applicable to such area. The authority shall
      not  determine  to  construct  a  facility  within its area of operation
      without approval of the proposed location of the facility by a unanimous
      vote of the governing body of the authority.  The  authority  shall  not
      determine  to  construct  a  facility  outside  of its area of operation
      without the approval of the solid waste  management  planning  unit  (as
      that   term   is   defined  in  section  27-0107  of  the  environmental
      conservation  law)  responsible  for  the  municipality  in  which  such
      facility  is  to  be  constructed  and without the approval of the chief
      executive officer and local legislative body of such municipality.
        6. To plan, develop and construct projects and to pay the cost thereof
      and to have the right to contract in relation thereto with the towns  or
      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 projects
      acquired  or  constructed  under this title, to enter into contracts for
      any and all such purposes and for the  management  and  operation  of  a
      project,  and  to  sell,  lease,  mortgage  or  otherwise dispose of any
      project  or  part  thereof  to  any  person   or   public   corporation,
      municipality or the state, 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 any of the local governments 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.
        8.  To  collect, receive from the United States, the state, any of the
      local governments, 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   any   of   the  local  governments,  other
      municipalities, state agencies, agencies or authorities created pursuant
      to state law, public corporations or persons within or without  each  of
      the  local  governments,  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 each of the local governments, 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
      legislative bodies of the local governments and the other municipalities
      within  the  area  of  operation  shall  have  power  to  prescribe that
      violations of specific by-laws  of  the  authority,  including,  without
      limitation,  any failure to comply with any by-law requiring the payment
      of a fee or charge by any person in  connection  with  the  delivery  of
      solid  waste  to  any  facility or any other use of any facility by such
      person, shall constitute offenses or infractions  and  provide  for  the
      punishment of violations thereof by civil and criminal penalties.
        11.  With  the  consent  of the chief executive officer of each of the
      affected local governments, to use officers or employees  of  each  such
      local  government  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 determine classifications of users, 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,
      which  rates,  rentals,  fees  and  charges  may  be  different for each
      classification of user, 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. No such rates, rentals, fees and other charges for the
      use  of  the facilities of, or services rendered by, the authority shall
      be established, fixed or revised unless the authority shall have held  a
      public  hearing  at  which  the  users of the facilities of, or services
      rendered by, the authority together with the owners of  property  served
      or  to  be  served  and others interested have had the opportunity to be
      heard concerning the same.  Notice  of  such  public  hearing  shall  be
      published  by  the  authority  at  least  ten  days  before the date set
      therefor in at least one newspaper having a general circulation in  each
      of  the  towns.  Such notice shall set forth the date, time and place of
      such hearing and shall include a brief description of the matters to  be
      considered  at  such hearing. A copy of the notice shall be filed in the
      office of the clerk of each of the towns  and  shall  be  available  for
      inspection  by the public. At any such hearing, any person shall have an
      opportunity to be heard concerning the matters under consideration.  Any
      decision  of  the  authority  on  matters  considered at any such public
    
      hearing shall be in writing and shall be  made  available  to  any  such
      person  in  the office of the authority during regular office hours. All
      rates, rentals, fees and other charges for the use of the facilities of,
      or  services  rendered  by,  the authority shall be a lien upon the real
      property  upon  which,  or  in  connection  with  which,  services  were
      provided.  Any  such liens shall take precedence over all other liens or
      encumbrances,  except  taxes  or  assessments.  The  treasurer  of   the
      authority  shall prepare and transmit to the respective legislative body
      of each town or the treasurer of the city, on or before the first day of
      December in each year, a list of properties within each respective local
      government for which such services were provided and which the  payments
      of  rates, rentals, fees and other charges are in arrears for the period
      of thirty days or more after the last day  fixed  for  payment  of  such
      rates,  rentals,  fees and other charges without penalty. The list shall
      contain a brief description of the properties for  which  such  services
      were  provided,  the  names of the persons or corporations liable to pay
      for the same, and the amount chargeable to each, including penalties and
      interests  computed  to  December  thirty-first  of  that   year.   Each
      legislative  body shall levy such sums against the properties liable and
      shall state the amount thereof in a separate column in  the  annual  tax
      rolls  of  the  various local governments under the heading "solid waste
      disposal charge". Such amounts, when collected by the several  municipal
      collectors  or receivers of taxes, shall be paid over to each respective
      town treasurer or the treasurer of the city, who immediately  shall  pay
      the  same  over to the treasurer of the authority. All of the provisions
      of the tax laws of the state  covering  enforcement  and  collection  of
      unpaid  taxes  or  assessments for special improvements not inconsistent
      herewith shall apply to the collection of such  unpaid  rates,  rentals,
      fees and other charges.
        16. To enter into agreements, in its discretion, to pay annual sums in
      lieu  of  taxes  to  the  towns  or  the city or any other municipality,
      political subdivision or taxing district of the state in respect to  any
      real property which is owned by the authority and located in such towns,
      city, municipality, political subdivision or taxing district.
        17.  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.
        18.  To  covenant and consent that the interest on any of its bonds or
      notes issued pursuant to this  title  shall  be  includible,  under  the
      United   States  Internal  Revenue  Code  of  1986,  or  any  subsequent
      corresponding internal revenue law of the United States, in gross income
      of the holders of the bonds or notes to the same extent and in the  same
      manner  that the interest on bills, bonds, notes or other obligations of
      the United States is includible in  the  gross  income  of  the  holders
      thereof under said Internal Revenue Code or any such subsequent law.
        19.  To  do all things necessary or convenient to carry out the powers
      expressly given in this title.
        * NB There are 2 § 2052-e's