NY Pub Auth L § 2053-V (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-M - Rockland County Solid Waste Management Authority 2053-V - Contracts With Municipalities; Powers of Municipalities.

§  2053-v. Contracts with municipalities; powers of municipalities. 1.   The county and one or more municipalities  within  the  county,  or  the   authority and the county, shall have power to contract from time to time   between or among themselves, or among themselves and with the authority,   in   relation  to  the  receiving,  transporting,  storage,  processing,   treatment or disposal of solid waste or for the purchase or use  of  any   materials,  energy, byproducts or residue generated by or resulting from   the operation of any solid waste management facility.  Any such contract   to which the authority, the  county  and  any  municipality  within  the   county are parties may include provisions stipulating the maximum rates,   rentals,  fees  and  other  charges  to  be  collected  for  the  use or   availability of facilities. Any contract to  which  the  authority,  the   county  and  any  municipality within the county are parties may include   provisions  (i)  requiring  the  periodic  delivery  to  the  particular   facilities of minimum amounts of solid waste and providing for specified   minimum  period  payments  whether or not such delivery is made, or (ii)   requiring the county and any municipality  within  the  county  to  pay,   within  appropriations  available  therefor,  such  amounts  as shall be   necessary  to  assure  the  continued  operation  and  solvency  of  the   authority, such payments to be determined and paid in such manner and at   such times as may be provided in such contract or contracts.2.  In  recognition of existing state policy, as declared in title one   of article twenty-seven  of  the  environmental  conservation  law,  the   legislature  hereby  affirms  that  the  basic  responsibility  for  the   planning and operation of solid waste management facilities remains with   local governments; and further recognizes the county's role as  planning   unit  under  section  27-0107  of the environmental conservation law. To   further the governmental and public purposes of the authority, including   the implementation of any contract or proposed contract contemplated  by   this  title, and in recognition of the public policy of the state in the   area of the control and  management  of  solid  waste  and  solid  waste   disposal  activities to displace competition with regulation or monopoly   public control, the county  and  all  other  municipalities  within  the   county  shall  have  the power to adopt and amend local laws, ordinances   and regulations  imposing  appropriate  and  reasonable  limitations  on   competition   with   respect  to  collecting,  receiving,  transporting,   delivering, storing, processing, treating and disposing of  solid  waste   or  the  recovery  by  any  means  of  any material or energy product or   resource therefrom, and shall further have the power to adopt and  amend   local  laws  requiring  that  all  solid  waste generated, originated or   brought within their respective boundaries, subject to  such  exceptions   as may be determined to be in the public interest, shall be delivered to   a  specified  facility  or  facilities;  provided however, that any such   local law enacted by the county shall take  precedence  over  and  shall   supersede any inconsistent provisions of any such local law enacted by a   municipality  with  the  county.  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. Any such local law may include provisions for the   enforcement thereof and penalties for the violation thereof,  which  may   provide,  but shall not be limited to providing, that any violation of a   local law may be punished by  civil  penalty,  fine  or  other  monetary   charge,  and/or,  the  suspension  or  revocation of permits or licenses   granted by any  other  jurisdiction  with  respect  to  the  collecting,   receiving,  transporting,  delivery  or  storing of solid waste. For the   purposes of this section, solid waste shall have  the  same  meaning  as   defined  in  section  two thousand fifty-three-b of this title. Upon the   adoption of any local law, ordinance  or  regulation  pursuant  to  this    section,  the county or municipality shall file with the commissioner of   the department of environmental conservation a  verified  copy  of  such   local  law,  ordinance or regulation; provided, however, that failure to   so  file  such a local law, ordinance or regulation shall not invalidate   such local law, ordinance or regulation.  The  foregoing  provisions  of   this  subdivision  shall not be construed to limit, alter or abridge the   powers granted to the  county  under  the  provisions  of  chapter  five   hundred  sixty-nine  of  the  laws  of  nineteen  hundred ninety-one, as   amended.3. The county is hereby authorized to resell or otherwise  dispose  of   all  or  any  part  of  the  materials,  energy,  by-products or residue   purchased from  the  authority  pursuant  to  subdivision  one  of  this   section.  Any  resale or other disposition may be made in such manner as   the county may deem proper and upon such terms and conditions as may  be   agreed upon by the parties thereto.4.  The  county  and  all other municipalities within the county 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.5. Except as otherwise provided by section one hundred twenty-w of the   general municipal law, any  contract  entered  into  by  a  municipality   pursuant to this section may be for such term or duration, not to exceed   thirty years, as may be agreed upon by the parties thereto.6.  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  solid  waste   management   facility,  or  part  thereof,  financed  in  whole  or  in  part  by the   authority.