Section 2745. Special powers of participating counties and municipalities  


Latest version.
  • 1. The participating counties and one or more municipalities within  the
      area  of  operation,  or  the  authority and the participating counties,
      shall have power  to  contract  from  time  to  time  between  or  among
      themselves,  or  among themselves and with the authority, 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  facility.  Any  such  contract  to  which  the  authority,  or  any
      participating  county, or any municipality within the area of operation,
      are parties may include provisions stipulating the  minimum  or  maximum
      rates,  rentals,  fees and other charges to be collected for the use and
      availability  of  facilities.  Any  such  contract  may   also   include
      provisions  in  connection with a facility obligating such participating
      county or municipality to deliver or cause to be delivered, periodically
      to a specified facility or facilities, all or any portion of  the  solid
      waste  generated  in  such  participating  county  or  municipality  for
      processing or disposal and to make periodic payments for such processing
      or disposal whether or not delivery of any such  solid  waste  shall  be
      made,  subject  only  to such exceptions, terms and conditions as may be
      provided therein. To further the governmental and public purposes of the
      authority, including the implementation  of  any  contract  or  proposed
      contract contemplated by this title, any participating county shall have
      power  to adopt and amend local laws imposing appropriate and reasonable
      limitations on competition including local laws requiring that all solid
      waste generated or originated  within  their  respective  boundaries  or
      portions  thereof, subject to such exceptions as may be determined to be
      in the public interest, shall be delivered to a  specified  facility  or
      facilities.  Such  local  law,  ordinance,  or regulation shall provide,
      however, that the county or municipality will not act in a  manner,  nor
      enter  into  any  contract,  that  would interfere or have the effect of
      interfering  with  the  implementation  of  on-going  or   proposed   or
      reasonably  anticipated  future  solid  waste volume reduction programs,
      including but not limited  to  source  separation,  recycling  programs,
      changes  to  the  packaging  portion of the waste stream to reduce solid
      waste generation, and the activities and enterprises of  scrap  dealers,
      processors  and  consumers,  and  shall  also  provide  for  the maximum
      opportunity for the reclamation and recovery of materials. For  purposes
      of  this  subdivision,  such volume reduction programs shall not include
      the processing of waste for incineration or  disposal  by  other  means.
      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.
        2.  Each  participating  county  is  authorized to resell or otherwise
      dispose of all or any part of  the  materials,  energy,  by-products  or
      residue  purchased,  received or obtained from the authority pursuant to
      subdivision one of this section. Any resale or other disposition may  be
      made  in  such  manner  as each participating county may deem proper and
      upon such terms and conditions as may be  agreed  upon  by  the  parties
      thereto.
        3.  Each  participating county and all other municipalities within the
      area of operation 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 authority.
    
        4.  Any contract entered into by a municipality in connection with, or
      in any manner relating to, any project  or  facility  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.
        5.  Any  contract  entered  into pursuant to this section to which the
      authority shall be a party may be pledged by the authority  as  security
      for any issue of bonds, and may be assigned, in whole or in part, by the
      authority  to  any  public  corporation or person which shall construct,
      purchase, lease or otherwise acquire  any  facility,  or  part  thereof,
      financed in whole or in part by the authority.