2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-AA - Montgomery, Otsego, Schoharie Solid Waste Management Authority › 2041-D - Powers of the Authority.

§ 2041-d. 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.
4.  To  condemn,  in the name of the authority pursuant to the eminent
  domain procedure law, any real property within the area of operation and
  required by the authority to carry out the powers granted by this title.
5. 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.
6.  To  plan,  develop, purchase and construct projects and to pay the
  cost thereof and to have the right to contract in relation thereto  with
  municipalities or persons within or without the area of operation and to
  own  and  operate,  maintain,  repair,  improve,  reconstruct, renovate,
  rehabilitate, replace, enlarge, increase  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
  the state, any person, public corporation, or municipality,  subject  to
  such  conditions and limitations as the authority may determine to be in
  the public interest.
7. 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,   which  assistance  may  include  loans  to  any  person  or
  municipality.
8. To collect or receive  from  the  United  States,  the  state,  any
  participating   county,  any  other  municipality,  public  corporation,
  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.
9. To contract with any participating  county,  other  municipalities,
  state  agencies,  public corporations, 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  participating  counties,  other  municipalities,   state
  agencies,  public  corporations or persons for the delivery of all solid
  waste generated within a stated area to a specific facility.
10. 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  the  legislative  body  of  each  participating
  county,  and  to provide for the enforcement of such by-laws by legal or
  equitable actions or  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.
11.  With  the  consent  of  the chairman of the legislative body of a
  participating county or the legislative body of any municipality, to use
  the  officers  or  employees  of  such  participating  county   or   any
  municipality  within  a participating county and to pay a proper portion
  of the compensation or costs for  the  services  for  such  officers  or
  employees.  Provided,  however,  that  a  full  time  officer, member or
  employee shall not be compensated in  the  aggregate  in  an  amount  in
  excess  of such officer's, member's or employee's full time compensation
  without the express approval of the county legislature.
12. To make contracts and  to  execute  all  necessary  or  convenient
  instruments,   including   evidences   of  indebtedness,  negotiable  or
  non-negotiable.
13. 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.
14. To borrow money and to  issue  bonds  for  any  of  its  corporate
  purposes,  to  secure the same with its revenues or other funds, to fund
  or refund the same, and  to  provide  for  the  rights  of  the  holders
  thereof.
15.  Subject  to  any  limitations imposed by any contract pursuant to
  subdivision one of section two thousand forty-one-t of  this  title,  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 and to contract with any participating  county,  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, provided,  however,  that
  the  authority  shall  not  have  the power, within any city, to collect
  rentals, charges, rates or fees from the owners of real estate,  or  the
  occupants  of real estate (other than the occupants of premises owned or
  controlled by the authority, or by  the  state  or  any  civil  division
  thereof), for services or facilities furnished or supplied in connection
  with such real estate, if such services or facilities are of a character
  or  nature that, as of the effective date of this title, are or formerly
  were furnished or supplied by the city, unless the electors of the  city
  shall approve the granting to the authority of such powers by a majority
  vote at a general or special election in the city.
16.  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.
17. To enter into agreements, in its discretion, to pay annual sums in
  lieu  of  taxes  to  any  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 municipality, political subdivision or
  taxing district.
18.  To  establish  standards  and  criteria  which  shall  be used to
  determine if real property shall be utilized  in  conjunction  with  any
  solid  waste  management  program provided, however, that in no instance
  shall such standards and criteria provide for the placement of  sanitary

  landfills, leachate treatment facilities, secure land burial facilities,
  landspreading  facilities,  surface  impoundments  and waste oil storage
  facilities over a primary  public  water  supply  aquifer  or  principal
  aquifer.  Once  such  standards  and  criteria  are established, no real
  property shall be acquired except in accordance with such standards  and
  criteria.  Such  standards  and  criteria  shall  be established after a
  public hearing in each participating county upon such proposed standards
  and criteria, which public hearing shall be on at least ten days  notice
  in  a  newspaper or newspapers of general circulation in the counties of
  Montgomery, Otsego and Schoharie. Such notice  shall  also  be  sent  by
  regular  mail  to the clerk of each municipality in such three counties,
  including the clerk of each county.
19. To make payments to, and  settle  claims  asserted  by  owners  of
  property  in proximity to and adversely affected by, landfill facilities
  of the authority in order to compensate such owners in whole or in  part
  for  diminution  of  the  value  of  their  property,  if  any, directly
  resulting from the siting of the  authority  landfill  facility  or  the
  activities  undertaken  therein.  The amount and manner of such payments
  shall be determined by resolution of the authority, and shall  be  based
  on  real  estate  market  studies  and/or  appraisals  undertaken at the
  direction of the authority, in such form and substance  satisfactory  to
  the authority. The authority may establish rules and regulations setting
  forth  the  specifications  pursuant to which real estate market studies
  and/or  appraisals  shall  be  conducted  and  such  other   rules   and
  regulations  as  may  be  necessary  to  effectuate the purposes of this
  subdivision. Such rules and regulations shall include a requirement that
  all property owners requesting payments  in  accordance  therewith  must
  file  a  claim  with the authority by a date specified by the authority.
  Any payments made pursuant to the provisions of this  subdivision  shall
  be  considered  a  cost  of the authorities in the computation of rates,
  fees, and  charges  in  accordance  with  subdivision  fifteen  of  this
  section.
20.  In addition to the power granted by subdivision seventeen of this
  section,  to  make  payments  to   and   settle   claims   asserted   by
  municipalities  either  adversely affected by landfill facilities of the
  authority, or, in which landfill facilities of the authority are located
  to compensate  such  municipalities  for  additional  municipal  service
  support,  monitoring  and  similar  activities occasioned by the siting,
  construction, and operation of said landfill. The amount and  manner  of
  such  payments shall be determined by resolution of the authority in its
  discretion and shall  be  utilized  by  the  recipient  municipality  in
  conformance  with  the  purposes heretofore set forth. Any payments made
  pursuant to the provisions of this subdivision  shall  be  considered  a
  cost  of  the authority and may be included in the computation of rates,
  fees and charges in accordance with this section.
21. To do all things necessary or convenient to carry out  the  powers
  expressly given in this title.