NY Pub Auth L § 2041-D (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-AA - Montgomery, Otsego, Schoharie Solid Waste Management Authority 2041-D - Powers of the Authority.

§ 2041-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,  in the name of the authority pursuant to the eminent   domain procedure law, any real property within the area of operation and   required by the authority to carry out the powers granted by this title.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 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.6.  To  plan,  develop, purchase 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 area of operation and to   own  and  operate,  maintain,  repair,  improve,  reconstruct, renovate,   rehabilitate, replace, enlarge, increase  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   the state, any person, public corporation, or municipality,  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  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   municipality.8. To collect or receive  from  the  United  States,  the  state,  any   participating   county,  any  other  municipality,  public  corporation,   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 any participating  county,  other  municipalities,   state  agencies,  public corporations, 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  participating  counties,  other  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  legislative  body  of  each  participating   county,  and  to provide for the enforcement of such by-laws by legal or   equitable actions or  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.11.  With  the  consent  of  the chairman of the legislative body of a   participating county or the legislative body of any municipality, to use   the  officers  or  employees  of  such  participating  county   or   any   municipality  within  a participating county and to pay a proper portion   of the compensation or costs for  the  services  for  such  officers  or   employees.  Provided,  however,  that  a  full  time  officer, member or   employee shall not be compensated in  the  aggregate  in  an  amount  in   excess  of such officer's, member's or employee's full time compensation   without the express approval of the county legislature.12. To make contracts and  to  execute  all  necessary  or  convenient   instruments,   including   evidences   of  indebtedness,  negotiable  or   non-negotiable.13. 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.14. 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.15.  Subject  to  any  limitations imposed by any contract pursuant to   subdivision one of section two thousand forty-one-t of  this  title,  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 and to contract with any participating  county,  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, provided,  however,  that   the  authority  shall  not  have  the power, within any city, to collect   rentals, charges, rates or fees from the owners of real estate,  or  the   occupants  of real estate (other than the occupants of premises owned or   controlled by the authority, or by  the  state  or  any  civil  division   thereof), for services or facilities furnished or supplied in connection   with such real estate, if such services or facilities are of a character   or  nature that, as of the effective date of this title, are or formerly   were furnished or supplied by the city, unless the electors of the  city   shall approve the granting to the authority of such powers by a majority   vote at a general or special election in the city.16.  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.17. To enter into agreements, in its discretion, to pay annual sums in   lieu  of  taxes  to  any  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 municipality, political subdivision or   taxing district.18.  To  establish  standards  and  criteria  which  shall  be used to   determine if real property shall be utilized  in  conjunction  with  any   solid  waste  management  program provided, however, that in no instance   shall such standards and criteria provide for the placement of  sanitary    landfills, leachate treatment facilities, secure land burial facilities,   landspreading  facilities,  surface  impoundments  and waste oil storage   facilities over a primary  public  water  supply  aquifer  or  principal   aquifer.  Once  such  standards  and  criteria  are established, no real   property shall be acquired except in accordance with such standards  and   criteria.  Such  standards  and  criteria  shall  be established after a   public hearing in each participating county upon such proposed standards   and criteria, which public hearing shall be on at least ten days  notice   in  a  newspaper or newspapers of general circulation in the counties of   Montgomery, Otsego and Schoharie. Such notice  shall  also  be  sent  by   regular  mail  to the clerk of each municipality in such three counties,   including the clerk of each county.19. To make payments to, and  settle  claims  asserted  by  owners  of   property  in proximity to and adversely affected by, landfill facilities   of the authority 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  authority  landfill  facility  or  the   activities  undertaken  therein.  The amount and manner of such payments   shall be determined by resolution of the authority, and shall  be  based   on  real  estate  market  studies  and/or  appraisals  undertaken at the   direction of the authority, in such form and substance  satisfactory  to   the authority. The authority may 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 authority by a date specified by the authority.   Any payments made pursuant to the provisions of this  subdivision  shall   be  considered  a  cost  of the authorities in the computation of rates,   fees, and  charges  in  accordance  with  subdivision  fifteen  of  this   section.20.  In addition to the power granted by subdivision seventeen of this   section,  to  make  payments  to   and   settle   claims   asserted   by   municipalities  either  adversely affected by landfill facilities of the   authority, or, in which landfill facilities of the authority are located   to compensate  such  municipalities  for  additional  municipal  service   support,  monitoring  and  similar  activities occasioned by the siting,   construction, and operation of said landfill. The amount and  manner  of   such  payments shall be determined by resolution of the authority in its   discretion and shall  be  utilized  by  the  recipient  municipality  in   conformance  with  the  purposes heretofore set forth. Any payments made   pursuant to the provisions of this subdivision  shall  be  considered  a   cost  of  the authority and may be included in the computation of rates,   fees and charges in accordance with this section.21. To do all things necessary or convenient to carry out  the  powers   expressly given in this title.