2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-TT - Pledge by Counties; Contracts With Municipalities; Powers of Municipalities.

§  2049-tt.  Pledge by counties; contracts with municipalities; powers
  of municipalities. 1. The counties are hereby authorized  to  pledge  to
  and agree with the holders of any bonds that the counties will not limit
  or  impair  the  rights  hereby  vested  in  the  authority to purchase,
  construct,  own  and  operate,  maintain,  repair,  improve,   increase,
  enlarge,  extend,  reconstruct, renovate, rehabilitate or dispose of any
  project, or any part or parts thereof, for which bonds of the  authority
  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, including 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 counties and one or more  municipalities  within  the  area  of
  operation,  or  the  authority  and  the  counties,  shall have power to
  contract from time  to  time  between  or  among  themselves,  or  among
  themselves  and  with  the  authority,  in  relation  to the collecting,
  receiving, transporting, storage, processing or disposal of  recyclables
  and/or  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 authority, the counties or any municipality within the area
  of  operation are parties may include provisions stipulating the minimum
  and/or maximum rates, rentals, fees and other charges  to  be  collected
  for  the  use  and  availability  of  facilities.  Any contract may also
  include provisions: (a) requiring any such  county  or  municipality  to
  deliver,  or cause to be delivered, periodically to a specified facility
  or  facilities  all  or  any  portion  of  the  solid  waste  generated,
  originated  or  brought  within  such  county or municipality or minimum
  amounts of solid waste and  providing  for  specified  minimum  periodic
  payments  whether  or not such delivery of any such solid-waste is made;
  (b) reserving to any such county or municipality, and  granting  by  the
  authority  to  any  such  county  or  municipality,  a portion of or the
  entirety of the capacity of a solid waste  management-resource  recovery
  facility  as  any  such  county or municipality determines is reasonably
  necessary to meet its  present  and  reasonably  anticipated  needs  and
  providing  for  specified  minimum  periodic  payments  in consideration
  thereof, or (c) requiring the counties to pay such amounts as  shall  be
  necessary  to  assure  the  continued  operation  and  solvency  of  the
  authority, all 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 authority,
  including the  implementation  of  any  contract  or  proposed  contract
  contemplated  by  this title, and in recognition of the public policy of
  the state in the area of the control and management of solid  waste  and
  solid  waste disposal activities to displace competition with regulation
  or monopoly public control, the counties and  all  other  municipalities
  within  the  area of operation, as instrumentalities of the state, shall
  have the power to adopt and amend local laws, ordinances and regulations
  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, without
  limiting  the generality of the foregoing, 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,  ordinance  or regulation enacted by the counties shall take
  precedence over and shall supersede any inconsistent provisions  of  any
  such   local   law,   ordinance  or  regulation  enacted  by  any  other
  municipality within the area of operation. 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.  Any  such  local law may include
  provisions for the enforcement thereof and penalties for  the  violation
  thereof,  which may provide, but shall not be limited to providing, that
  any violation of a local law shall constitute an offense or  infraction,
  and  may  provide  that  any violation may be punished by civil penalty,
  fine or other monetary charge, and/or, the suspension or  revocation  of
  permits  or  licenses  granted by any other jurisdiction with respect to
  the collecting, receiving, transporting, delivery or  storing  of  solid
  waste.  For  the  purposes  of  this section, solid waste shall have the
  meaning set  forth  in  subdivision  fifteen  of  section  two  thousand
  forty-nine-bb  of  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. Upon the adoption of any local law, ordinance or
  regulation  pursuant to this section, the counties or other municipality
  shall file a verified copy of such local law,  ordinance  or  regulation
  with  the  commissioner of the department of environmental conservation;
  provided, however, that the  failure  to  so  file  such  a  local  law,
  ordinance  or  regulation shall not invalidate such local law, ordinance
  or regulation. Upon the adoption  or  amendment  of  any  local  law  or
  ordinance  pursuant  to  section  one  hundred  twenty-aa of the general
  municipal law, either or both counties, by their respective  legislative
  body,  is  authorized  and  empowered  to  delegate  and  assign  to the
  authority, in whole or in part, by contract and on  such  terms  as  the
  parties  may  agree, the administration and implementation of the source
  separation and recycling program. Such delegation and assignment  powers
  should  be in addition to any other contracting powers and authority the
  counties may have under this section.
4. The counties are hereby authorized to resell or  otherwise  dispose
  of  all  or  any  part  of the materials, energy, by-products or residue
  purchased from the authority pursuant to this section. Any resale of  or
  other  disposition  may  be made in such manner as the counties may deem
  proper and upon such terms and conditions as may be agreed upon  by  the
  parties thereto.
5.  The  counties  and  all  other  municipalities  within the area of
  operation 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 authority.
6.  Any  contract  entered  into by the counties or other 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.
7. Any contract entered into pursuant to this  section  to  which  the
  authority  shall  be a party may be pledged by the authority as security
  for any issue of bonds, and may be assigned, in whole or in part, by the
  authority, 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
  authority.