§ 2046-F — Powers

§ 2046-f. Powers. The agency shall have the power:\n 1. To sue and be sued;\n 2. To have a seal and alter the same at pleasure;\n 3. To acquire, hold or lease, in the name of the agency or to sell,\nmortgage, lease, or otherwise dispose of property, real, personal,\nmixed, or any interest therein, without limitation for its corporate\npurposes, provided that the agency may not acquire any real property\nwithout the town except with the consent of the town board of the town\nin which such property is located or, if located within the boundaries\nof a village, with the consent of the board of trustees of such village;\n 4. To receive, collect, transport, process, dispose of, sell, store,\nconvey, recycle and deal with, in any lawful manner and way, solid waste\nand any by-products thereof now or hereafter developed or discovered,\nincluding energy generated by the operation of any facility;\n 5. To condemn with consent of town board and the supervisor in the\nname of the agency, pursuant to the eminent domain procedure law, any\nreal property within the town required by the agency to carry out the\npowers granted by this title;\n 6. To plan, construct and develop projects and to have the right to\ncontract in relation thereto with the town and with other municipalities\nor persons within or without the town and to own, acquire and purchase\nreal property in connection therewith and to own and operate, maintain,\nrepair, improve, reconstruct, enlarge and extend, subject to the\nprovisions of this title, any of its properties acquired or constructed\nunder this title, and to sell, lease, mortgage or otherwise dispose of\nany project or part thereof to any persons or municipality, subject to\nsuch conditions and limitations as the agency may determine to be in the\npublic interest;\n 7. To assist in the planning, construction and development of and the\nfinancing of the cost of any solid waste management-resource recovery\nfacility to be located in the town whether or not such facility is to be\nowned or operated by the agency, which assistance may include loans to\nany person or public corporation. Any such solid waste\nmanagement-resource recovery facility producing either electricity or\nshaft horsepower and useful thermal energy shall constitute a\nco-generation facility as defined in subdivision two-a of section two of\nthe public service law;\n 8. To receive from the United States, the state, the town, any other\nmunicipality or public corporation or person, or from such other sources\nas the agency may deem proper, solid waste for the purpose of treatment\nor disposal thereof, with the right of the agency to sell and dispose of\nany products or by-products of such process of treatment or disposal, as\nthe agency may deem proper;\n 9. To contract with the town, other municipalities, state agencies or\nauthorities, or persons for the purpose of receiving, treating and\ndisposing of solid waste by the agency;\n 10. To adopt by-laws for the management and regulation of its affairs,\nsubject to agreements with bondholders and noteholders, rules for the\nreceiving and disposing of solid waste and charges therefor. A copy of\nsuch rules and by-laws, and all amendments thereto, duly certified by\nthe secretary of the agency shall be filed in the office of the agency;\n 11. To use officers or employees of the town, subject to the payment\nto the town by the agency of a proper portion of the compensation or\ncosts for the services of such officers or employees;\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 with consent of the town supervisor on any lands,\nwaterways and premises for the purpose of making surveys, soundings and\nexaminations, and liability therefor shall not exceed actual damages;\n 14. To borrow money and to issue negotiable bonds or notes or other\nobligations and to fund or refund the same, and to provide for the\nrights of the holders of its bonds or notes;\n 15. To fix and collect rates, rentals, fees and other charges for the\nuse of the facilities of, or services rendered by, or any commodities\nfurnished by the agency so as to provide revenues sufficient at all\ntimes to pay, as the same shall become due, the principal and interest\non the bonds, notes or other obligations of the agency 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 agency, together with proper reserves for debt\nservice, depreciation, maintenance and contingencies and all other\nobligations and indebtedness of the agency;\n 16. To accept grants, loans or contributions from the United States,\nthe state or any agency or instrumentality of either of them, or any\nmunicipality or individual, by bequest or otherwise, and to expend the\nproceeds for any purposes of the agency, providing however, that any\nresource recovery facility or project constructed with state assistance\nshall be designed and constructed using proven technology acceptable to\nthe commissioner of environmental conservation;\n 17. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n