NY Pub Auth L § 2053-G (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-M - Rockland County Solid Waste Management Authority 2053-G - Charges by the Authority; Method of Collection.

§  2053-g.  Charges  by  the  authority;  method  of  collection.  The   authority may fix and collect, on any equitable basis,  rates,  rentals,   fees  and  other  charges  for  the  use of facilities of or services or   commodities provided by the authority, including the availability of any   of the foregoing from the authority. Such rates, rentals, fees and other   charges may be  fixed  and  collected  from  any  person  to  whom  such   facilities,  services  or  commodities are provided by or made available   from the authority, including generators of solid waste  and  owners  of   real  property upon which solid waste is generated. Such rates, rentals,   fees  and  other  charges  may  be  the  same  or  different  for   each   classification  of user or service recipient and may, by way of example,   reflect the source and composition of solid waste and  may  provide  for   fee reductions to the users or service recipients in proportion to waste   generated  or to reflect participation in source separation programs. In   any instance where the county is or  would  be  required  by  law,  with   respect  to  solid  waste  management,  to  conduct  a public hearing in   connection with a user  or  rate,  rental,  fee  or  other  charge,  the   authority shall not establish, fix, or revise any classification of user   or service recipient, rate, rental, fee or other charge unless and until   the authority has held a public hearing at which interested persons have   had  an  opportunity  to be heard concerning the same; provided however,   that if the county has conducted a public  hearing  in  connection  with   such  rate,  rental,  fee  or  other  charge, the authority shall not be   required to hold a public hearing. Notice of  any  such  public  hearing   shall be published at least ten days before the date set therefor, in at   least  one  newspaper  of general circulation in the county. 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   meeting. A copy of the notice shall be available for inspection  by  the   public.  At  any  such  hearing,  any  interested  persons shall have an   opportunity to be heard concerning the matters under consideration.  Any   decision by the authority at such public hearing shall be in writing and   be  made  available in the office of the authority for public inspection   during regular office hours.All rates, rentals,  fees  and  other  charges  for  the  use  of  the   facilities  of, or services provided or made available by, the authority   and billed directly by the authority to the user  or  service  recipient   pursuant  to  a classification of users or service recipients adopted by   the authority as herein provided shall be a lien upon the real  property   upon  which,  or in connection with which, services are provided or made   available, 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 municipality, on or before  the  first  day  of   December in each year, a list of those properties within each respective   municipality  using  such  facilities  or  for  which such services were   provided or made available and from 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 such properties, the names of the persons or corporations   liable to pay for the same, and the amount chargeable to each, including   penalties  and  interest 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 the treasurer of   the  authority.  Alternatively, the legislative body of any municipality   which provides solid waste collection service to all or a portion of the   properties  within  its  boundaries using municipally owned and operated   collection vehicles may execute  an  agreement  with  the  authority  to   collect  and  be  responsible  for  the  collection of, on behalf of the   authority, any overdue or  delinquent  rates,  rentals,  fees  or  other   charges  and  such  municipality shall have the power to pay directly to   the authority such overdue or delinquent rates, rentals, fees and  other   charges  whether  or  not  they are actually collected from the users or   service recipients of such municipality. All of the  provisions  of  the   tax  law  of  the  state  governing 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.