2023 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.