Section 2729. 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 area of operation and
      required by the authority to carry out the powers granted by this title,
      provided that condemnation  of  any  real  property  shall  require  the
      consent  of  the legislative body of the participating county where such
      real property is located.
        5. To collect, receive, extract, 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-resource  recovery  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, purchase 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 area of operation and to
      own  and  operate,  maintain,  repair,  improve,  reconstruct, renovate,
      rehabilitate, replace, enlarge, increase  and  extend,  subject  to  the
      provisions  of  this  title, any of its projects acquired or constructed
      under this title, and 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
      the state, any person, public corporation, or municipality,  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  facility to be located in the area of
      operation whether or not such facility is to be owned or operated by the
      authority,  which  assistance  may  include  loans  to  any  person   or
      municipality.
        8.  To  collect  or  receive  from  the  United States, the state, any
      participating 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 any participating county, other municipalities,
      state agencies, public corporations or persons  within  or  without  the
      area  of  operation,  for the purpose of collecting, receiving, treating
      and disposing of solid waste, including, without limitation, to contract
      with  participating  counties,  other  municipalities,  state  agencies,
      public  corporations  or  persons  for  the  delivery of all solid waste
      generated within a stated area to a specific 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  legislative  body  of  each  participating
      county,  and  to provide for the enforcement of such by-laws by legal or
      equitable actions or  proceedings  which  are  or  may  be  provided  or
      authorized  by law. In addition, the legislative bodies 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 any fee  or  other  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.
        11. With the consent of the chairman of  the  legislative  body  of  a
      participating county, to use officers or employees of such participating
      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 within  the  area  of
      operation   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  for  any  of  its  corporate
      purposes,  to  secure the same with its revenues or other funds, 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 one of  section  twenty-seven  hundred  forty-five  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 authority  and  to  contract  with  any  participating
      county,  other  municipality  or  person  in  respect  thereof, 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,  provided,
      however,  that  the authority shall not have the power, within any city,
      to collect rentals, charges, rates or  fees  from  the  owners  of  real
      estate,  or  the  occupants  of real estate (other than the occupants of
      premises owned or controlled by the authority, or by the  state  or  any
      civil  division  thereof),  for  services  or  facilities  furnished  or
      supplied in connection with  such  real  estate,  if  such  services  or
      facilities  are  of a character or nature that, as of the effective date
      of this act, are or formerly were furnished or  supplied  by  the  city,
      unless  the  electors  of  the  city  shall  approve the granting to the
      authority of such powers by a majority vote  at  a  general  or  special
      election in the city.
        16.  To  accept  gifts, grants, loans or contributions from the United
      States, the state or any authority 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 authority.
        17. To enter into agreements, in its discretion, to pay annual sums in
      lieu  of  taxes  to  any  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 municipality, political subdivision or
      taxing district.
        18.  To  do all things necessary or convenient to carry out the powers
      expressly given in this title.