2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-M - Rockland County Solid Waste Management Authority › 2053-E - Powers of the Authority.

§ 2053-e. 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.
  In selecting the location for  any  real  property  to  be  acquired  or
  leased,  the  authority  shall give consideration to the present and any
  proposed land use character of the area in which  such  site  is  to  be
  located  and  shall  be  subject  to  and exempt from the zoning laws or
  regulations, if any, otherwise generally applicable to such area to  the
  same  extent  that  the  county is subject to and exempt from the zoning
  laws or regulations otherwise generally applicable  to  such  area.  The
  authority  shall  not  acquire  or  lease  any interest in real property
  except upon compliance with the  procedure  set  forth  in  section  two
  thousand fifty-three-f of this title.
4.  To  condemn  in  the name of the authority pursuant to the eminent
  domain procedure law, any real property within the county  and  required
  by  the authority to carry out the powers granted by this title, subject
  to the provisions of section two thousand fifty-three-f of this title.
5. To collect, receive,  transfer,  transport,  process,  dispose  of,
  sell,  store,  convey,  recycle,  compost, combust 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
  recovered materials, compost or energy  produced  or  generated  by  the
  operation  of  any solid waste management 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 and construct projects and to pay the cost thereof
  and  to  contract  in  relation  thereto  with municipalities or persons
  within or without the county and to own and operate,  maintain,  repair,
  improve,  reconstruct,  enlarge and extend, subject to the provisions of
  this title, any of its  projects  acquired  or  constructed  under  this
  title,  and  to  sell,  lease,  mortgage,  grant a security interest in,
  pledge, encumber, or otherwise dispose of any project or part thereof to
  any  person,  municipality  or  public  corporation,  subject  to   such
  conditions  and  limitations as the authority may determine to be in the
  public interest, and to apply for,  hold  and  perform  its  obligations
  under  any  permit,  license, approval, or other legal entitlement which
  may be required for its projects, services or exercise of powers.
7. To assist in the planning, development, construction and  operation
  of  and the financing of the cost of any solid waste management facility
  to be located in the county whether or not such solid  waste  management
  facility  is  to be owned by the authority, which assistance may include
  loans to any person or public corporation.
8. To collect or receive  from  the  United  States,  the  state,  the
  county,  any other municipality or public corporation or person, subject
  to the limitations of section two thousand fifty-three-f of this  title,
  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  recovered materials, compost or energy) of such
  process of treatment or disposal, as the authority may deem proper.
9. To contract with the county, other municipalities, state  agencies,
  public  corporations  or  persons  within or without the county, for the
  purpose of receiving, treating and disposing of solid waste or  for  any
  other  purpose  authorized hereunder, including, without limitation, the
  power  to  contract  with   municipalities,   state   agencies,   public

  corporations  or  persons  for the delivery of all solid waste generated
  within a stated area to a specific solid waste management facility.
10. To make rules, regulations and by-laws pertaining to and governing
  the  management and regulation of its affairs and, subject to agreements
  with bondholders, the use of  any  project  or  other  property  of  the
  authority  and  the  provision  of  any  service by the authority, which
  rules,  regulations  and  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  county,
  and  to  provide  for  the  enforcement  of  such rules, regulations and
  by-laws by legal or equitable proceedings which are or may  be  provided
  or  authorized  by  law.  In addition, the county legislature shall have
  power to prescribe that violations of specific  rules,  regulations  and
  by-laws of the authority shall constitute violations and provide for the
  enforcement of violations thereof by civil penalties, including any such
  rules,  regulations and by-laws requiring the payment of generator, user
  or hauler  fees  by  any  person  in  connection  with  the  service  or
  availability  or  service by any facility owned or under contract to the
  authority.
11. With the consent of the  county  executive,  to  use  officers  or
  employees  of the county and to pay a proper portion of the compensation
  or costs for the services for such officers or employees.
12. To make contracts and  to  execute  all  necessary  or  convenient
  agreements,   documents   and   instruments,   including   evidences  of
  indebtedness, negotiable or non-negotiable.
13. To enter on any lands, waterways or premises 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 and to fund or refund the same,
  and to provide for the right of the holders thereof.
15. To procure insurance, letters of credit, lines of credit, or other
  credit enhancement with respect to its bonds or notes issued pursuant to
  this title, or facilities for the payment of tenders of  such  bonds  or
  notes  or  facilities  for the payment upon maturity of short-term notes
  not renewed.
16. To enter into interest rate exchange or similar arrangements  with
  any  person  under  such  terms  and  conditions  as  the  authority may
  determine including, without limitation, provisions  as  to  default  or
  early  termination  and  indemnification  by  the authority or any other
  party thereto for loss of benefits as a result thereof.
17. To fix and collect,  as  more  fully  set  forth  in  section  two
  thousand  fifty-three-g  of  this  title, rates, rentals, fees and other
  charges for the use of the facilities of, or services  provided  by,  or
  any  commodities  furnished  by, the authority, and to contract with any
  municipality 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 and
  business of the authority and meeting all of its contractual  and  other
  obligations,   together   with   proper   reserves   for  debt  service,
  depreciation, maintenance and contingencies and  all  other  obligations
  and indebtedness of the authority.
18.  To enter into agreements, in its direction, to pay annual sums in
  lieu of taxes to any municipality in respect to any real property  which
  is  owned  by  the authority and located in such municipality, political
  subdivision or taxing district.
19. To accept gifts, grants, loans or contributions  from  the  United
  States, the state or any agency or instrumentality of either of them, or
  any municipality or from any person or public corporation, by bequest or
  otherwise,  and to expend the proceeds for any corporate purposes of the
  authority.
20.  To  covenant and consent that the interest on any of its bonds or
  notes issued pursuant to this  title  shall  be  includible,  under  the
  United  States  Internal  Revenue  Code  of  1986,  as  amended,  or any
  subsequent corresponding internal revenue law of the United  States,  in
  gross  income of the holder of the bonds or notes to the same extent and
  in the same manner that the interest on bills,  bonds,  notes  or  other
  obligations  of  the  United States is includible in the gross income of
  the holders thereof  under  said  Internal  Revenue  Code  or  any  such
  subsequent law.
21.  To  act as an agency, as such term is used in section two hundred
  fifty-one of the county law.
22. The authority may acquire, hold, own, lease, establish, construct,
  effectuate, operate, maintain, renovate, improve, extend or  repair  any
  of  its  facilities  through,  and  cause any one or more of its powers,
  duties, functions or activities to be exercised or performed by, no more
  than one wholly-owned subsidiary corporation of the  authority  for  the
  sole  purposes  of  operating  an  animal  shelter  and providing animal
  management services on behalf of one or more municipalities  located  in
  the county of Rockland pursuant to the agriculture and markets law. Such
  subsidiary  corporation  shall  be  deemed  an  animal  shelter  for the
  purposes of registration, inspection or any oversight required by law or
  regulation by the department of agriculture and markets.  The  authority
  may   transfer  to  or  from  any  such  corporation,  or  between  such
  corporations, any  moneys,  real  property  or  other  property  or  the
  services  of  any  officers,  employees  or  consultants  for any of the
  purposes of this title. The directors  or  members  of  such  subsidiary
  corporation  shall be the same persons holding the offices of members of
  the authority. Such subsidiary corporation  and  any  of  its  property,
  functions  and  activities shall have all of the privileges, immunities,
  tax exemptions  and  other  exemptions  of  the  authority  and  of  the
  authority's   property,   functions   and  activities.  Such  subsidiary
  corporation shall be subject to  the  restrictions  and  limitations  to
  which the authority may be subject. Such subsidiary corporation shall be
  subject  to  suit  in accordance with section two thousand fifty-three-u
  this title. The employees of any  such  subsidiary  corporation,  except
  those  who  are  also  employees  of  the authority, shall not be deemed
  employees of the authority.
23. To do all things necessary or convenient to carry out  the  powers
  expressly given in this title.