NY Pub Auth L § 2049-EE (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-FF - Oneida-Herkimer Solid Waste Management Authority 2049-EE - Powers of the Authority.

§  2049-ee.  Powers  of  the  authority.  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 and   to take by eminent domain, in the name of the authority, pursuant to the   eminent domain procedure law, any real property required  to  carry  out   its  corporate  purposes;  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.4. To collect, receive, extract, transport, process, dispose of, sell,   store,  convey,  recycle,  and  deal with, in any lawful manner and way,   solid waste generated within the area of operation 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.5. To plan, develop and construct projects and to pay the cost thereof   and to have the right to contract in relation thereto with the counties,   or  other  municipalities  or  persons  within  or  without  the area of   operation  and  to  own  and   operate,   maintain,   repair,   improve,   reconstruct,  renovate,  rehabilitate,  replace,  increase, enlarge, 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  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.6.  To assist in the planning, development and construction of and the   financing of the cost of any project  to  be  located  in  the  area  of   operation, whether or not such project is to be owned or operated by the   authority,  which  assistance  may include loans to any person or public   corporation.7. To collect or receive, from the counties,  any  other  municipality   located  wholly  or  partially  within  the  area of operation or public   corporation  or  person,  solid  waste  generated  within  the  area  of   operation  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 provided, however, that the authority   may collect and receive recyclable material regardless of the  place  of   generation of such recyclable materials.8.  To  contract  with  the  counties,  or 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  persons  for  the  delivery  of all solid waste generated within a   stated area to  a  specific  solid  waste  management-resource  recovery   facility provided, however, that no solid waste generated outside of the   area  of  operation, other than recyclable materials, shall be received,   collected, treated, or disposed of by the authority. 9. 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 legislative bodies of  the  counties,   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 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 by civil penalty.10. With the consent of the appropriate legislative body, or the chief   executive  officer of the legislative body of any other municipality, to   use officers or employees of such county or municipality and  to  pay  a   proper  portion  of  compensation  or  costs  for  the services for such   officers or employees.11. To make contracts and  to  execute  all  necessary  or  convenient   instruments,   including   evidences   of  indebtedness,  negotiable  or   non-negotiable.12. 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.13. 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.14.  Subject  to  any  limitations imposed by any contract pursuant to   subdivision two of section two thousand forty-nine-tt of this title,  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  other  charges  may  be  different  for  each   classification  of  user  and  may reflect the source and composition of   solid waste and provide for fee reductions to the user in proportion  to   waste  generated  or  to  reflect  participation  in  source  separation   programs, and to contract with the counties or any other municipality or   person in respect thereto, 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 counties. 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 counties 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   as  and  from  the  first date fixed for payment of such rates, rentals,   fees and other charges. Any such lien 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 county, on or before the first day of December   in each year, a list of those properties within each  respective  county   for  which  such  services were provided and which the payment of rates,   rentals, fees and other charges are in arrears for a  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 governing   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  municipalities 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 county   treasurer, 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.15. 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.16. To enter into agreements, in its discretion, to pay annual sums in   lieu of taxes to the  counties  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  counties,   municipality, political subdivision or taxing district.17.  To  do  all things necessary or convenient to carry out the power   expressly given in this title.