NY Pub Auth L § 2049-D (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-F - Town of North Hempstead Solid Waste Management Authority 2049-D - Powers of the Authority.

§ 2049-d. 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;4.  To condemn, with the consent of the town board and the supervisor,   in the name of the authority, pursuant to the eminent  domain  procedure   law, any real property required by the authority to carry out the powers   granted  by  this  title provided that condemnation of any real property   not located within the town shall require the consent of  the  board  of   the town 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  facility  on such terms and in such manner as the authority may   deem proper;6. To plan, develop and construct projects and to pay the cost thereof   and  to  have  the  right  to  contract   in   relation   thereto   with   municipalities  or  persons  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, and to sell, lease, mortgage or otherwise dispose of any  project   or  part  thereof  to  any person or public corporation, 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 whether or not such facility is to   be owned or operated by the  authority,  which  assistance  may  include   loans to any person or public corporation;8.  To collect or receive from the United States, the state, the town,   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 the town, other  municipalities,  state  agencies,   public   corporations   or  persons,  for  the  purpose  of  collecting,   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 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 town, 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 town shall have power to   prescribe under the town code 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 and criminal penalties; 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 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 and to fund or refund the same,   and to provide for the rights of the holders thereof;14.  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 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;15. 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; and16. To do all things necessary or convenient to carry out  the  powers   expressly given in this title.