2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-T - Pledge by County; Contracts With Municipalities; Powers of Municipalities.

§  2050-t.  Pledge by county; contracts with municipalities; powers of
municipalities. 1. The county is hereby  authorized  to  pledge  to  and
agree  with  the  holders of the bonds that the county will not limit or
impair the rights hereby vested in the agency  to  purchase,  construct,
maintain,   operate,   repair,   improve,   increase,  enlarge,  extend,
reconstruct, renovate, rehabilitate or dispose of any  project,  or  any
part  or  parts  thereof,  for which bonds of the agency shall have been
issued, to establish and collect rates, rents, fees  and  other  charges
referred  to  in  this  title and to fulfill the terms of any agreements
made with the holders of the bonds or with  any  public  corporation  or
person  with  reference  to  such project or part thereof, or in any way
impair the rights and remedies of  the  bondholders,  until  the  bonds,
together with interest thereon, with interest on any unpaid installments
of  interest and all costs and expenses in connection with any action or
proceeding by or  on  behalf  of  the  bondholders  are  fully  met  and
discharged.
2. The county and one or more municipalities within the county, or the
agency  and  the  county, shall have power to contract from time to time
between or among themselves, or among themselves and with the agency, 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 solid waste management-resource recovery facility. Any
such contract to which the county and any municipality within the county
are parties  may  include  provisions  stipulating  the  maximum  rates,
rentals,  fees  and  other  charges  to  be  collected  for  the  use of
facilities. Any contract to which the agency and the county are  parties
may  include  provisions  (a)  requiring  the  periodic  delivery to the
particular facilities of minimum amounts of solid  waste  and  providing
for  specified minimum periodic payments whether or not such delivery is
made subject to such limitations, exceptions and provisions  therein  or
(b)  requiring  the  county  to  pay,  within  appropriations  available
therefor, such amounts as shall be necessary  to  assure  the  continued
operation and solvency of the agency, such payments to be determined and
paid  in  such  manner  and  at  such  times  as may be provided in such
contract.
3. To further the governmental and  public  purposes  of  the  agency,
including  the  implementation  of  any  contract  or  proposed contract
contemplated by this title, the county shall have the power to adopt and
amend local laws 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,  including,  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   solid   waste
management-resource recovery facility; provided, however, that any  such
local  law  enacted  by  the county shall take precedence over and shall
supersede any inconsistent provisions of any  local  law  enacted  by  a
municipality  within  the 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 purposes of  this  subdivision,  solid  waste
shall  have  the  meaning specified in 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.
4. The county is hereby authorized to resell or otherwise  dispose  of
all  or  any  part  of  the  materials,  energy,  by-products or residue
purchased from the agency pursuant to subdivision two of  this  section.
Any  resale  of  or  other disposition may be made in such manner as the
county  may  deem  proper  and  upon such terms and conditions as may be
agreed upon by the parties thereto.
5. The county and all other municipalities  within  the  county  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 agency.
6. Except as otherwise provided by section one hundred twenty-w of the
general  municipal  law,  any  contract  entered  into by a municipality
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,  except
that  any  contract relating to or affecting the security of any project
financed in whole or in part by the agency may  provide  that  the  same
shall  remain  in  full force and effect as long as the bonds issued for
such project shall remain outstanding or until  adequate  provision  has
been made for the payment or satisfaction thereof.
7.  Any  contract  entered  into pursuant to this section to which the
agency shall be a party may be pledged by the agency as security for any
issue of bonds, and may be assigned, in whole or in part, by the agency,
to any public corporation or person  which  shall  construct,  purchase,
lease  or otherwise acquire any solid waste management-resource recovery
facility, or part thereof, financed in whole or in part by the agency.
8. Any contract,  lease  or  agreement  entered  into  by  the  agency
pursuant  to  this  title  and  which provides for the construction of a
facility which combusts solid waste, shall provide for  the  utilization
of  the best available 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.
Any  such contract, lease or agreement also may include provisions for
the payment of up to one dollar and twenty-five cents per ton  of  solid
waste  processed at such facility. Such payments shall be apportioned as
follows: one dollar or a portion thereof to such town or city  in  which
the  facility  is located; and twenty-five cents or a portion thereof to
such fire district or to such city, for  fire  protection  purposes,  in
which such facility is located.