§ 2041-d. Powers of the authority. The authority shall have the power:\n 1. To sue and be sued.\n 2. To have a seal and alter the same.\n 3. To acquire in the name of the authority, hold, sell, lease,\nmortgage or otherwise dispose of property, real, personal or mixed, or\nany interest therein, without limitation, for its corporate purposes.\n 4. To condemn, in the name of the authority pursuant to the eminent\ndomain procedure law, any real property within the area of operation and\nrequired by the authority to carry out the powers granted by this title.\n 5. To collect, receive, extract, transport, process, dispose of, sell,\nstore, convey, recycle, and deal with, in any lawful manner and way,\nsolid waste and any products or by-products thereof now or hereafter\ndeveloped or disc
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§ 2041-d. Powers of the authority. The authority shall have the power:\n 1. To sue and be sued.\n 2. To have a seal and alter the same.\n 3. To acquire in the name of the authority, hold, sell, lease,\nmortgage or otherwise dispose of property, real, personal or mixed, or\nany interest therein, without limitation, for its corporate purposes.\n 4. To condemn, in the name of the authority pursuant to the eminent\ndomain procedure law, any real property within the area of operation and\nrequired by the authority to carry out the powers granted by this title.\n 5. To collect, receive, extract, transport, process, dispose of, sell,\nstore, convey, recycle, and deal with, in any lawful manner and way,\nsolid waste and any products or by-products thereof now or hereafter\ndeveloped or discovered, including any energy generated by the operation\nof any solid waste management resource recovery facility. Any such\ndisposal or sale may be effected on such terms and in such manner as the\nauthority may deem proper.\n 6. To plan, develop, purchase and construct projects and to pay the\ncost thereof and to have the right to contract in relation thereto with\nmunicipalities or persons within or without the area of operation and to\nown and operate, maintain, repair, improve, reconstruct, renovate,\nrehabilitate, replace, enlarge, increase and extend, subject to the\nprovisions of this title, any of its projects acquired or constructed\nunder this title, and to enter into contracts for any and all such\npurposes and for the management and operation of a project, and to sell,\nlease, mortgage or otherwise dispose of any project or part thereof to\nthe state, any person, public corporation, or municipality, subject to\nsuch conditions and limitations as the authority may determine to be in\nthe public interest.\n 7. To assist in the planning, development and construction of and the\nfinancing of the cost of any project to be located in the area of\noperation whether or not such project is to be owned or operated by the\nauthority, which assistance may include loans to any person or\nmunicipality.\n 8. To collect or receive from the United States, the state, any\nparticipating county, any other municipality, public corporation,\ncorporation or person, solid waste for the purpose of treatment or\ndisposal thereof, with the right of the authority to sell and dispose of\nany products or by-products, including energy, of such process of\ntreatment or disposal, as the authority may deem proper.\n 9. To contract with any participating county, other municipalities,\nstate agencies, public corporations, corporations or persons within or\nwithout the area of operation, for the purpose of collecting, receiving,\ntreating and disposing of solid waste, including, without limitation, to\ncontract with participating counties, other municipalities, state\nagencies, public corporations or persons for the delivery of all solid\nwaste generated within a stated area to a specific facility.\n 10. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with bondholders, for the regulation of the\nuse of any project or other property of the authority, which by-laws and\nall amendments thereto, duly certified by the secretary of the\nauthority, shall be filed in the office of the authority and in the\noffice of the clerk of the legislative body of each participating\ncounty, and to provide for the enforcement of such by-laws by legal or\nequitable actions or proceedings which are or may be provided or\nauthorized by law. In addition, the legislative bodies shall have power\nto prescribe that violations of specific by-laws of the authority,\nincluding, without limitation, any failure to comply with any by-law\nrequiring the payment of any fee or other charge by any person in\nconnection with the delivery of solid waste to any facility or any other\nuse of any facility by such person, shall constitute offenses or\ninfractions and provide for the punishment of violations thereof.\n 11. With the consent of the chairman of the legislative body of a\nparticipating county or the legislative body of any municipality, to use\nthe officers or employees of such participating county or any\nmunicipality within a participating county and to pay a proper portion\nof the compensation or costs for the services for such officers or\nemployees. Provided, however, that a full time officer, member or\nemployee shall not be compensated in the aggregate in an amount in\nexcess of such officer's, member's or employee's full time compensation\nwithout the express approval of the county legislature.\n 12. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable.\n 13. To enter on any lands, waterways or premises within the area of\noperation for the purpose of making surveys, soundings, and\nexaminations, any liability for which shall not exceed actual damages.\n 14. To borrow money and to issue bonds for any of its corporate\npurposes, to secure the same with its revenues or other funds, to fund\nor refund the same, and to provide for the rights of the holders\nthereof.\n 15. Subject to any limitations imposed by any contract pursuant to\nsubdivision one of section two thousand forty-one-t of this title, to\nfix and collect rates, rentals, fees and other charges for the use of\nthe facilities of, or services rendered by, or any commodities furnished\nby, the authority and to contract with any participating county, other\nmunicipality or person in respect thereto, so as to provide revenues\nsufficient at all times to pay, as the same shall become due, the\nprincipal and interest on the bonds of the authority, together with the\nmaintenance of proper reserves therefor, in addition to paying, as the\nsame shall become due, the expenses of operating and maintaining the\nproperties of the authority, together with proper reserves for debt\nservice, depreciation, maintenance and contingencies and all other\nobligations and indebtedness of the authority, provided, however, that\nthe authority shall not have the power, within any city, to collect\nrentals, charges, rates or fees from the owners of real estate, or the\noccupants of real estate (other than the occupants of premises owned or\ncontrolled by the authority, or by the state or any civil division\nthereof), for services or facilities furnished or supplied in connection\nwith such real estate, if such services or facilities are of a character\nor nature that, as of the effective date of this title, are or formerly\nwere furnished or supplied by the city, unless the electors of the city\nshall approve the granting to the authority of such powers by a majority\nvote at a general or special election in the city.\n 16. To accept gifts, grants, loans or contributions from the United\nStates, the state or any authority or instrumentality of either of them,\nor any municipality or from any person, by bequest or otherwise, and to\nexpend the proceeds for any corporate purposes of the authority.\n 17. To enter into agreements, in its discretion, to pay annual sums in\nlieu of taxes to any municipality, political subdivision or taxing\ndistrict of the state in respect to any real property which is owned by\nthe authority and located in such municipality, political subdivision or\ntaxing district.\n 18. To establish standards and criteria which shall be used to\ndetermine if real property shall be utilized in conjunction with any\nsolid waste management program provided, however, that in no instance\nshall such standards and criteria provide for the placement of sanitary\nlandfills, leachate treatment facilities, secure land burial facilities,\nlandspreading facilities, surface impoundments and waste oil storage\nfacilities over a primary public water supply aquifer or principal\naquifer. Once such standards and criteria are established, no real\nproperty shall be acquired except in accordance with such standards and\ncriteria. Such standards and criteria shall be established after a\npublic hearing in each participating county upon such proposed standards\nand criteria, which public hearing shall be on at least ten days notice\nin a newspaper or newspapers of general circulation in the counties of\nMontgomery, Otsego and Schoharie. Such notice shall also be sent by\nregular mail to the clerk of each municipality in such three counties,\nincluding the clerk of each county.\n 19. To make payments to, and settle claims asserted by owners of\nproperty in proximity to and adversely affected by, landfill facilities\nof the authority in order to compensate such owners in whole or in part\nfor diminution of the value of their property, if any, directly\nresulting from the siting of the authority landfill facility or the\nactivities undertaken therein. The amount and manner of such payments\nshall be determined by resolution of the authority, and shall be based\non real estate market studies and/or appraisals undertaken at the\ndirection of the authority, in such form and substance satisfactory to\nthe authority. The authority may establish rules and regulations setting\nforth the specifications pursuant to which real estate market studies\nand/or appraisals shall be conducted and such other rules and\nregulations as may be necessary to effectuate the purposes of this\nsubdivision. Such rules and regulations shall include a requirement that\nall property owners requesting payments in accordance therewith must\nfile a claim with the authority by a date specified by the authority.\nAny payments made pursuant to the provisions of this subdivision shall\nbe considered a cost of the authorities in the computation of rates,\nfees, and charges in accordance with subdivision fifteen of this\nsection.\n 20. In addition to the power granted by subdivision seventeen of this\nsection, to make payments to and settle claims asserted by\nmunicipalities either adversely affected by landfill facilities of the\nauthority, or, in which landfill facilities of the authority are located\nto compensate such municipalities for additional municipal service\nsupport, monitoring and similar activities occasioned by the siting,\nconstruction, and operation of said landfill. The amount and manner of\nsuch payments shall be determined by resolution of the authority in its\ndiscretion and shall be utilized by the recipient municipality in\nconformance with the purposes heretofore set forth. Any payments made\npursuant to the provisions of this subdivision shall be considered a\ncost of the authority and may be included in the computation of rates,\nfees and charges in accordance with this section.\n 21. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n