§ 2041-T — Special powers of participating counties and municipalities

§ 2041-t. Special powers of participating counties and municipalities.\n1. The participating counties and one or more municipalities within the\narea of operation, or the authority and the participating counties,\nshall have power to contract from time to time between or among\nthemselves, or among themselves and with the authority, in relation to\nthe collecting, receiving, transporting, storage, processing or disposal\nof solid waste or for the purchase or use of any materials, energy,\nby-products or residue generated by or resulting from the operation of\nany facility. Any such contract to which the authority, or any\nparticipating county, or any municipality within the area of operation,\nare parties may include provisions stipulating the minimum or maximum\nrates, rentals, fees and other charges to be collected for the use and\navailability of facilities. Any such contract may also include\nprovisions in connection with a facility obligating such participating\ncounty or municipality to deliver or cause to be delivered, periodically\nto a specified facility or facilities, all or any portion of the solid\nwaste generated in such participating county or municipality for\nprocessing or disposal and to make periodic payments for such processing\nor disposal whether or not delivery of any such solid waste shall be\nmade, subject only to such exceptions, terms and conditions as may be\nprovided therein.\n 2. To further the governmental and public purposes of the authority,\nincluding the implementation of any contract or proposed contract\ncontemplated by this title, any participating county and municipalities\nwithin the area of operation shall have power to adopt and amend local\nlaws, ordinances and regulations imposing appropriate and reasonable\nlimitations on competition with respect to collecting, receiving,\ntransporting, delivering, storing, processing and disposing of solid\nwaste or the recovery by any means of any material or energy product or\nresource therefrom, and shall further have the power to adopt and amend\nlocal laws requiring that all solid waste generated, originated or\nbrought within their respective boundaries, subject to such exceptions\nas may be determined to be in the public interest, shall be delivered to\na specified facility or facilities; provided, however, that any such\nlocal law enacted by a participating county shall take precedence over\nand shall supersede any inconsistent provisions of any such local law\nenacted by a municipality within that participating county. Any such\nlocal law shall be adopted in accordance with the procedure provided by\nthe municipal home rule law, except that no such local law shall be\nsubject to either mandatory or permissive referendum. For the purposes\nof this section, solid waste shall have the same meaning as defined in\nsection two thousand forty-one-a of this title, but shall not include\nany scrap or other material of value separated from the waste stream and\nheld for purposes of materials recycling. Upon the adoption of any local\nlaw, ordinance or regulation pursuant to this section, the participating\ncounty or municipality shall file with the commissioner of the\ndepartment of environmental conservation a verified copy of such local\nlaw, ordinance or regulation.\n 3. Each participating county is authorized to resell or otherwise\ndispose of all or any part of the materials, energy, by-products or\nresidue purchased, received or obtained from the authority pursuant to\nsubdivision one of this section. Any resale or other disposition may be\nmade in such manner as each participating county may deem proper and\nupon such terms and conditions as may be agreed upon by the parties\nthereto.\n 4. Each participating county and all other municipalities within the\narea of operation shall have power to perform such other acts, to enter\ninto such other contracts, including contracts between or among\nthemselves, execute such instruments and to undertake such future\nproceedings as shall be determined necessary or desirable to effectuate\nthe purpose of this title, including the making of gifts, grants, loans\nor contributions to the authority.\n 5. Except as otherwise provided by section one hundred twenty-w of the\ngeneral municipal law, any contract entered into by a municipality in\nconnection with, or in any manner relating to, any project or facility\npursuant to this section may be for such term or duration, not to exceed\ntwenty-five years, as may be agreed upon by the parties thereto.\n 6. Any contract entered into pursuant to this section to which the\nauthority shall be a party may be pledged by the authority as security\nfor any issue of bonds, and may be assigned, in whole or in part, by the\nauthority to any public corporation or person which shall construct,\npurchase, lease or otherwise acquire any facility, or part thereof,\nfinanced in whole or in part by the authority.\n 7. Any contract, lease or agreement entered into by the authority\npursuant to this title and which provides for the construction of a\nfacility which combusts solid waste shall provide for the utilization of\nBest Available Control Technology to control the environmental impact of\nsuch facility. Such technology may include fabric filtration and dry\nscrubbers to control particulate and acid gas emissions. Any facility at\na minimum shall be constructed and operated in compliance with\nrequirements of the department of environmental conservation. Any such\ncontract, lease or agreement also shall include but not be limited to\nprovisions for:\n (a) monitoring of emissions for toxic air contaminants or surrogates\nthereof where appropriate to determine permit compliance at least twice\nduring the first year of operation and after any detection of permit\nviolations, and at least annually thereafter; such monitoring to include\nprovisions for use of statistically valid sampling procedures in all\nmonitoring; and\n (b) sampling and testing of ash and dust residues at least\nsemi-annually, pursuant to a method assuring statistical validity, to\ndetermine appropriate disposition or disposal based on relative\ntoxicity.\n