2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-D - Dutchess County Resource Recovery Agency › 2047-E - Powers of the Agency.

§ 2047-e. Powers of the agency. The agency 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 agency, hold, sell, lease, mortgage
  or otherwise dispose of  property,  real,  personal  or  mixed,  or  any
  interest  therein,  without  limitation,  for  its  corporate  purposes;
  provided,  however,  that  in  the  acquisition  of  any  real  property
  designated  as  the  site  for  any  facility,  the  agency  shall  give
  consideration to the present and any proposed land use character of  the
  area  in  which  the  site  is  to  be  located  and  the zoning laws or
  regulations, if any, otherwise generally applicable to such area.
4. To take by eminent domain, subject to the approval  of  the  county
  legislature and the county executive in the name of the agency, pursuant
  to  the  eminent  domain procedure law, within the area of operation any
  real property required by the agency to carry out the powers granted  by
  this title.
5.  To  collect, receive, 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 agency may
  deem proper.
6. To plan, develop 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 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 or otherwise
  dispose of  any  project  or  part  thereof  to  any  person  or  public
  corporation,  subject  to  such conditions and limitations as the agency
  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 solid waste management-resource recovery
  facility to be located in the county whether or  not  such  solid  waste
  management-resource  recovery facility is to be owned or operated by the
  agency, which assistance may include  loans  to  any  person  or  public
  corporation.  Any such solid waste management-resource recovery facility
  producing either electricity or  shaft  horsepower  and  useful  thermal
  energy   shall   constitute  a  co-generation  facility  as  defined  in
  subdivision two-a of section two of the public service law.
8. To collect or receive  from  the  United  States,  the  state,  the
  county,  any  other  municipality or public corporation or person, solid
  waste for the purpose of treatment or disposal thereof, with  the  right
  of  the  agency  to  sell  and  dispose  of  any products or by-products
  (including energy) of such process of  treatment  or  disposal,  as  the
  agency 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 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.
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 agency,  which  by-laws  and
  all  amendments  thereto, duly certified by the secretary of the agency,
  shall be filed in the office of the agency and  in  the  office  of  the

  clerk  of the county, 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 county legislature shall have power
  to  prescribe  that  violations  of specific by-laws of the agency shall
  constitute offenses or infractions and provide  for  the  punishment  of
  violations thereof by civil penalty.
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
  instruments,  including  evidences  of   indebtedness,   negotiable   or
  non-negotiable.
13.  To  enter  on any lands with the consent of the county executive,
  waterways and premises within the  county  for  the  purpose  of  making
  surveys,  soundings,  and examinations, and liability therefor 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 rights of the holders thereof.
15. Subject to any limitations imposed by  any  contract  pursuant  to
  subdivision  two  of  section two thousand forty-six-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 agency 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  agency,  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 agency, together with
  proper  reserves  for  debt  service,  depreciation,   maintenance   and
  contingencies and all other obligations and indebtedness of the agency.
16.  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, by bequest  or  otherwise,  and  to
  expend the proceeds for any corporate purposes of the agency; and
17.  To  negotiate  a  fee per ton of waste processed or other benefit
  with the municipality hosting a solid waste management facility; and
18. To do all things necessary or convenient to carry out  the  powers
  expressly given in this title.