2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-H - Eastern Rensselaer County Solid Waste Management Authority › 2050-EE - Powers of the Authority.

§  2050-ee.  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 within the area of operation,  without  limitation,
  for its corporate purposes and to take by eminent domain, in the name of
  the  authority,  pursuant  to the eminent domain procedure law, any real
  property  required  to  carry  out  its  corporate  purposes;  provided,
  however,  that in the acquisition of any real property designated as the
  site for any facility, the authority shall  give  consideration  to  the
  present  and  any  proposed  land use character of the area in which the
  site is to be located and zoning laws or regulations, if any,  otherwise
  generally  applicable to such area. The authority shall not determine to
  construct a facility outside of its area of operation  without  approval
  of  the solid waste management planning unit (as that term is defined in
  section 27-0107 of the environmental conservation law)  responsible  for
  the municipality in which such facility is to be constructed and without
  the  approval  of the chief executive officer and local legislative body
  of such municipality.  The  authority  shall  not  site  a  solid  waste
  management-resource  recovery  facility  within an agricultural district
  established pursuant to article twenty-five-AA of  the  agriculture  and
  markets law.
4. 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.
5. To plan, develop and construct projects and to pay the cost thereof
  and to have the right to contract in relation thereto with the towns, or
  other municipalities or persons within or without the area of  operation
  and   to  own  and  operate,  maintain,  repair,  improve,  reconstruct,
  renovate, rehabilitate, replace, increase, enlarge, 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 any person or public corporation, municipality or the  state,
  subject  to  such  conditions  and  limitations  as  the  authority  may
  determine to be in the public interest.
6. 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.
7. To collect or receive from the United States, the state, any county
  within  the  state,  the  towns,  any  other  municipality   or   public
  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.
8.  To  contract  with  the  towns,  or  other  municipalities,  state
  agencies, public 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  persons  for  the  delivery  of all solid waste generated within a

  stated area to  a  specific  solid  waste  management-resource  recovery
  facility.
9.  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 each of the legislative bodies of the towns, and
  to provide for the enforcement of such by-laws  by  legal  or  equitable
  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 by civil penalty.
10.  With the consent of the appropriate legislative body of any other
  municipality, to use officers or employees of such town or  municipality
  and  to  pay  a proper portion of compensation or costs for the services
  for such officers or employees.
11. To make contracts and  to  execute  all  necessary  or  convenient
  instruments,   including   evidences   of  indebtedness,  negotiable  or
  non-negotiable.
12. 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.
13. To borrow money and to  issue  bonds  for  any  of  its  corporate
  purposes,  to secure the same with its revenues or other funds or refund
  the same, and to provide for the rights of the holders thereof.
14. Subject to any limitations imposed by  any  contract  pursuant  to
  subdivision  two  of  section  two  thousand  fifty-tt of this title, to
  determine classifications of users, 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,  which
  rates,  rentals,  fees  and  other  charges  may  be  different for each
  classification of user and may reflect the  source  and  composition  of
  solid waste, and to contract with the towns or any 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. No such rates, rentals, fees and other charges for the
  use of the facilities of, or services rendered by, the  authority  shall
  be  established, fixed or revised unless the authority shall have held a
  public hearing at which the users of  the  facilities  of,  or  services
  rendered  by,  the authority together with the owners of property served
  or to be served and others interested have had  the  opportunity  to  be
  heard  concerning  the  same.  Notice  of  such  public hearing shall be
  published by the authority  at  least  ten  days  before  the  date  set
  therefor  in at least one newspaper having a general circulation in each
  of the towns. 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 hearing. A copy of the notice shall be filed  in  the
  office  of  the  clerk  of  each of the towns and shall be available for

  inspection by the public. At any such hearing, any person shall have  an
  opportunity  to be heard concerning the matters under consideration. Any
  decision of the authority on  matters  considered  at  any  such  public
  hearing  shall  be  in  writing  and shall be made available to any such
  person in the office of the authority during regular office  hours.  All
  rates, rentals, fees and other charges for the use of the facilities of,
  or  services  rendered  by,  the authority shall be a lien upon the real
  property  upon  which,  or  in  connection  with  which,  services  were
  provided.  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 town, on or before the first day of December  in  each  year,  a
  list  of  those  properties  within  each respective town for which such
  services were provided and 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
  the  properties  for which such services were provided, the names of the
  persons or corporations liable to pay  for  the  same,  and  the  amount
  chargeable  to  each,  including  penalties  and  interests  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 heading "solid waste  disposal  charge".  Such  amounts,  when
  collected  by  the  several  municipal collectors or receivers of taxes,
  shall be paid over to each respective town  treasurer,  who  immediately
  shall  pay  the  same over to the treasurer of the authority. All of the
  provisions of the  tax  laws  of  the  state  covering  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.
15.  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.
16. To enter into agreements, in its discretion, to pay annual sums in
  lieu  of  taxes  to  the  towns  or  any  other  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 towns,
  municipality, political subdivision or taxing district.
17. 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,  or  any   subsequent
  corresponding internal revenue law of the United States, in gross income
  of  the holders 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.
18. To do all things necessary or convenient to carry  out  the  power
  expressly given in this title.