NY Pub Auth L § 2045-E (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-B - Onondaga County Resource Recovery Agency 2045-E - Powers of the Agency.

§ 2045-e. Powers of the agency. The agency 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 agency, hold, sell, lease, mortgage   or otherwise dispose of  property,  real,  personal  or  mixed,  or  any   interest  therein,  without  limitation,  for  its  corporate  purposes;   provided, however, that (i) the agency  shall  not  have  the  power  of   eminent  domain, (ii) the acquisition by the agency of any real property   designated as the site for  any  facility  shall  be  subject  to  prior   approval  by the county legislature, and (iii) in selecting the location   for any such site the agency shall give consideration to the present and   any proposed land use character of the area in which such site is to  be   located  and the zoning laws or regulations, if any, otherwise generally   applicable to such area;4. To receive, 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 agency 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   municipalities or persons within or without the county 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  agency   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 solid  waste  management-resource  recovery   facility  to  be  located  in the county whether or not such solid waste   management-resource recovery facility is to be owned or operated by  the   agency,  which  assistance  may  include  loans  to any person or public   corporation. Any such solid waste management-resource recovery  facility   producing  either  electricity  or  shaft  horsepower and useful thermal   energy  shall  constitute  a  co-generation  facility  as   defined   in   subdivision two-a of section two of the public service law;7. To receive from the United States, the state, the county, any other   municipality  or  public  corporation  or  person,  solid  waste for the   purpose of treatment or disposal thereof, with the right of  the  agency   to sell and dispose of any products or by-products (including energy) of   such process of treatment or disposal, as the agency may deem proper;8.  To contract with the county, other municipalities, state agencies,   public corporations or persons within or without  the  county,  for  the   purpose  of  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;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 agency,  which  by-laws  and   all  amendments  thereto, duly certified by the secretary of the agency,   shall be filed in the office of the agency and  in  the  office  of  the   clerk  of the county, 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 county legislature shall have power    to prescribe that violations of specific by-laws  of  the  agency  shall   constitute  offenses  or  infractions  and provide for the punishment of   violations thereof by civil penalty;10.  With  the  consent  of  the  county executive, to use officers or   employees of the county and to pay a proper portion of the  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, with the consent of the county executive, on any lands,   waterways and premises for the purpose of making surveys, soundings, and   examinations, and liability therefor 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. Subject to any limitations imposed by  any  contract  pursuant  to   subdivision  two  of section two thousand forty-five-t of this title, to   determine  classification  of  users,  to  fix  and  collect,  including   directly  from  service  recipients,  including  owners of real property   within the county from whom waste  is  disposed  at  agency  facilities,   rates, rentals, fees and other charges for the use of the facilities of,   or  services  rendered  by, or any commodities furnished by, the agency,   which rates, rentals, fees and other charges may be different  for  each   classification  of  users  and may reflect the source and composition of   solid waste and may provide for fee reductions to the user in proportion   to waste generated or to  reflect  participation  in  source  separation   programs, and to contract with any municipality in the county 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  agency,  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 agency, together with   proper  reserves  for  debt  service,  depreciation,   maintenance   and   contingencies  and all other obligations and indebtedness of the agency.   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 contract, lease, service agreement, classification  of   user, rate, rental, fee or other charge, the agency shall not enter into   such  contract,  lease,  service agreement, or establish, fix, or revise   any classification of user, rate, rental, fee or other charge unless and   until the agency 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 contract, lease, service agreement,  classification  of  user,   rate,  rental,  fee or other charge, the agency shall not be required to   hold a public hearing. Notice of 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 filed in the office of the clerk of the  county  and   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 agency at such   public hearing shall be in writing and be made available in  the  office   of  the  agency  for  public inspection during regular office hours. All   rates, rentals, fees and other charges for the use of the facilities of,   or services rendered by, the agency and billed directly by the agency to   the service recipient pursuant to a classification of users  adopted  by    the  agency  as  herein  provided 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   agency  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 for which   such  services  were  provided  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  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   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  agency.   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  agency  to  collect  and  be   responsible  for the collection of, on behalf of the agency, any overdue   or  delinquent  rates,  rentals,  fees  or  other   charges   and   such   municipality  shall  have  the  power to pay directly to the agency such   overdue or delinquent rates, rentals, fees and other charges whether  or   not  they  are  actually  collected  from the service recipients of such   municipality. The legislative body of  any  such  municipality  entering   into such an agreement with the agency on or after the effective date of   this  subdivision,  shall  be  required  prior  to entering into such an   agreement, to provide notice of, and convene a public hearing on such an   agreement under the same terms  and  conditions  of  public  notice  and   hearing required of the agency pursuant to this subdivision.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.  Except  as  may  be   otherwise expressly permitted under this title, any such rates, rentals,   fees  and  other charges shall be fixed without discrimination among the   municipalities within the county entering into contracts with the county   pursuant to section two thousand forty-five-t of this title on or before   the first date on which the county  enters  into  a  contract  with  the   agency  pursuant to paragraph (i) of subdivision two of such section two   thousand forty-five-t of this title. The agency shall in  no  event  fix   any  such  rates,  rentals,  fees  or  other  charges  with  respect  to   municipalities entering into such contracts with the  county  subsequent   to  such  date  in  amounts  less  than  those  fixed  with  respect  to   municipalities entering into such contracts with the county on or before   such date;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, by bequest or otherwise, and to   expend the proceeds for any corporate purposes of the agency; and16. To make payments to, and  settle  claims  asserted  by  owners  of   property  in proximity to and adversely affected by, landfill facilities    of the agency in order to compensate such owners in whole or in part for   diminution of the value of their property, if  any,  directly  resulting   from  the  siting  of  the  agency  landfill  facility or the activities   undertaken  therein.  The  amount  and  manner of such payments shall be   determined by resolution of the agency,  and  shall  be  based  on  real   estate  market  studies and/or appraisals undertaken at the direction of   the agency, in such form and substance satisfactory to the  agency.  The   agency   shall   establish  rules  and  regulations  setting  forth  the   specifications pursuant to  which  real  estate  market  studies  and/or   appraisals  shall  be  conducted and such other rules and regulations as   may be necessary to effectuate the purposes of  this  subdivision.  Such   rules  and  regulations  shall  include  a requirement that all property   owners requesting payments in accordance therewith  must  file  a  claim   with  the  agency  by  a date specified by the agency. Any payments made   pursuant to the provisions of this subdivision  shall  be  considered  a   cost  of  the  agency  in the computation of rates, fees, and charges in   accordance with subdivision fourteen of this section.17. To do all things necessary or convenient to carry out  the  powers   expressly given in this title.