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

§ 2041-t. Special powers of participating counties and municipalities. 1.  The participating counties and one or more municipalities within the area of operation, or the  authority  and  the  participating  counties, shall  have  power  to  contract  from  time  to  time  between or among themselves, or among themselves and with the authority, in  relation  to the collecting, receiving, transporting, storage, processing or disposal of  solid  waste  or  for  the purchase or use of any materials, energy, by-products or residue generated by or resulting from the  operation  of any  facility.  Any  such  contract  to  which  the  authority,  or  any participating county, or any municipality within the area of  operation, are  parties  may  include provisions stipulating the minimum or maximum rates, rentals, fees and other charges to be collected for the  use  and availability   of   facilities.  Any  such  contract  may  also  include provisions in connection with a facility obligating  such  participating county or municipality to deliver or cause to be delivered, periodically to  a  specified facility or facilities, all or any portion of the solid waste  generated  in  such  participating  county  or  municipality  for processing or disposal and to make periodic payments for such processing or  disposal  whether  or  not delivery of any such solid waste shall be made, subject only to such exceptions, terms and conditions  as  may  be provided therein.   2.  To  further the governmental and public purposes of the authority, including the  implementation  of  any  contract  or  proposed  contract contemplated  by this title, any participating county and municipalities within the area of operation shall have 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  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 a participating county shall take precedence over and shall supersede any inconsistent provisions of any  such  local  law enacted  by  a  municipality  within that participating 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. For  the  purposes of  this  section, solid waste shall have the same meaning as defined in section two thousand forty-one-a of this title, but  shall  not  include any scrap or other material of value separated from the waste stream and held for purposes of materials recycling. Upon the adoption of any local law, ordinance or regulation pursuant to this section, the participating county   or  municipality  shall  file  with  the  commissioner  of  the department of environmental conservation a verified copy of  such  local law, ordinance or regulation.   3.  Each  participating  county  is  authorized to resell or otherwise dispose of all or any part of  the  materials,  energy,  by-products  or residue  purchased,  received or obtained from the authority pursuant to subdivision one of this section. Any resale or other disposition may  be made  in  such  manner  as each participating county may deem proper and upon such terms and conditions as may be  agreed  upon  by  the  parties thereto.   4.  Each  participating county and all other municipalities within the area of operation 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 in connection with, or in any manner relating to, any project  or  facility pursuant to this section may be for such term or duration, not to exceed twenty-five 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  facility,  or  part  thereof, financed in whole or in part by the authority.   7.  Any  contract,  lease  or  agreement entered into by the authority pursuant to this title and which provides  for  the  construction  of  a facility which combusts solid waste shall provide for the utilization of Best Available Control Technology to control the environmental impact of such  facility.  Such  technology  may include fabric filtration and dry scrubbers to control particulate and acid gas emissions. Any facility at a  minimum  shall  be  constructed  and  operated  in  compliance   with requirements  of  the department of environmental conservation. Any such contract, lease or agreement also shall include but not  be  limited  to provisions for:  (a)  monitoring  of emissions for toxic air contaminants or surrogates thereof where appropriate to determine permit compliance at least  twice during  the  first  year  of operation and after any detection of permit violations, and at least annually thereafter; such monitoring to include provisions for use of statistically valid  sampling  procedures  in  all monitoring; and  (b)   sampling   and  testing  of  ash  and  dust  residues  at  least semi-annually, pursuant to a method assuring  statistical  validity,  to determine   appropriate   disposition  or  disposal  based  on  relative toxicity.