2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-M - Rockland County Solid Waste Management Authority › 2053-G - Charges by the Authority; Method of Collection.

§  2053-g.  Charges  by  the  authority;  method of collection. 1. The
  authority may fix and collect, on any equitable basis,  rates,  rentals,
  fees  and  other  charges  for  the  use of facilities of or services or
  commodities provided by the authority or any subsidiary,  including  the
  availability  of  any  of  the foregoing from the authority. Such rates,
  rentals, fees and other charges may be  fixed  and  collected  from  any
  person  to whom such facilities, services or commodities are provided by
  or made available from the  authority,  including  generators  of  solid
  waste  and  owners of real property upon which solid waste is generated.
  Such rates, rentals, fees and other charges may be the same or different
  for each classification of user or service recipient and may, by way  of
  example,  reflect  the  source  and  composition  of solid waste and may
  provide for fee  reductions  to  the  users  or  service  recipients  in
  proportion  to  waste  generated  or  to reflect participation in source
  separation programs. 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 user or rate, rental, fee  or  other
  charge,   the   authority  shall  not  establish,  fix,  or  revise  any
  classification of user or service recipient, rate, rental, fee or  other
  charge unless and until the authority 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 rate, rental, fee or other charge, the
  authority shall not be required to hold a public hearing. Notice of  any
  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 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  authority at such public hearing
  shall be in writing and be made available in the office of the authority
  for public inspection during regular office hours.
2. All rates, rentals, fees and other  charges  for  the  use  of  the
  facilities  of, or services provided or made available by, the authority
  and billed directly by the authority to the user  or  service  recipient
  pursuant  to  a classification of users or service recipients adopted by
  the authority as herein provided shall be a lien upon the real  property
  upon  which,  or in connection with which, services are provided or made
  available, 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 authority 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  using  such  facilities  or  for  which such services were
  provided or made available 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 such properties, 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 headings "solid  waste
  disposal  charge"  and  "animal management charge", as appropriate. Such

  amounts, when collected by the several municipal collectors or receivers
  of taxes, shall  be  paid  over  to  the  treasurer  of  the  authority.
  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 authority to collect and be
  responsible for the collection of,  on  behalf  of  the  authority,  any
  overdue  or  delinquent  rates,  rentals, fees or other charges and such
  municipality shall have the power to pay directly to the authority  such
  overdue  or delinquent rates, rentals, fees and other charges whether or
  not they are actually collected from the users or service recipients  of
  such  municipality.  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.