§ 2047-e. Powers of the agency. The agency 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 agency, hold, sell, lease, mortgage\nor otherwise dispose of property, real, personal or mixed, or any\ninterest therein, without limitation, for its corporate purposes;\nprovided, however, that in the acquisition of any real property\ndesignated as the site for any facility, the agency shall give\nconsideration to the present and any proposed land use character of the\narea in which the site is to be located and the zoning laws or\nregulations, if any, otherwise generally applicable to such area.\n 4. To take by eminent domain, subject to the approval of the county\nlegislature and the county executive in the name of the
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§ 2047-e. Powers of the agency. The agency 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 agency, hold, sell, lease, mortgage\nor otherwise dispose of property, real, personal or mixed, or any\ninterest therein, without limitation, for its corporate purposes;\nprovided, however, that in the acquisition of any real property\ndesignated as the site for any facility, the agency shall give\nconsideration to the present and any proposed land use character of the\narea in which the site is to be located and the zoning laws or\nregulations, if any, otherwise generally applicable to such area.\n 4. To take by eminent domain, subject to the approval of the county\nlegislature and the county executive in the name of the agency, pursuant\nto the eminent domain procedure law, within the area of operation any\nreal property required by the agency to carry out the powers granted by\nthis title.\n 5. To collect, receive, transport, process, dispose of, sell, store,\nconvey, recycle, and deal with, in any lawful manner and way, solid\nwaste and any products or by-products thereof now or hereafter developed\nor discovered, including any energy generated by the operation of any\nsolid waste management-resource recovery facility. Any such disposal or\nsale may be effected on such terms and in such manner as the agency may\ndeem proper.\n 6. To plan, develop and construct projects and to pay the cost thereof\nand to have the right to contract in relation thereto with\nmunicipalities or persons within or without the county and to own and\noperate, maintain, repair, improve, reconstruct, enlarge, and extend,\nsubject to the provisions of this title, any of its projects acquired or\nconstructed under this title, and to sell, lease, mortgage or otherwise\ndispose of any project or part thereof to any person or public\ncorporation, subject to such conditions and limitations as the agency\nmay determine to be in the public interest.\n 7. To assist in the planning, development and construction of and the\nfinancing of the cost of any solid waste management-resource recovery\nfacility to be located in the county whether or not such solid waste\nmanagement-resource recovery facility is to be owned or operated by the\nagency, which assistance may include loans to any person or public\ncorporation. Any such solid waste management-resource recovery facility\nproducing either electricity or shaft horsepower and useful thermal\nenergy shall constitute a co-generation facility as defined in\nsubdivision two-a of section two of the public service law.\n 8. To collect or receive from the United States, the state, the\ncounty, any other municipality or public corporation or person, solid\nwaste for the purpose of treatment or disposal thereof, with the right\nof the agency to sell and dispose of any products or by-products\n(including energy) of such process of treatment or disposal, as the\nagency may deem proper;\n 9. To contract with the county, other municipalities, state agencies,\npublic corporations or persons within or without the county, for the\npurpose of collecting, receiving, treating and disposing of solid waste\nincluding without limitation to contract with persons for the delivery\nof all solid waste generated within a stated area to a specific solid\nwaste management-resource recovery 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 agency, which by-laws and\nall amendments thereto, duly certified by the secretary of the agency,\nshall be filed in the office of the agency and in the office of the\nclerk of the county, and to provide for the enforcement of such by-laws\nby legal or equitable proceedings which are or may be provided or\nauthorized by law. In addition, the county legislature shall have power\nto prescribe that violations of specific by-laws of the agency shall\nconstitute offenses or infractions and provide for the punishment of\nviolations thereof by civil penalty.\n 11. With the consent of the county executive, to use officers or\nemployees of the county and to pay a proper portion of the compensation\nor costs for the services for 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 on any lands with the consent of the county executive,\nwaterways and premises within the county for the purpose of making\nsurveys, soundings, and examinations, and liability therefor shall not\nexceed actual damages.\n 14. To borrow money and to issue bonds and to fund or refund the same,\nand to provide for the rights of the holders thereof.\n 15. Subject to any limitations imposed by any contract pursuant to\nsubdivision two of section two thousand forty-six-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 agency so as to provide revenues sufficient at all times to pay,\nas the same shall become due, the principal and interest on the bonds of\nthe agency, together with the maintenance of proper reserves therefor,\nin addition to paying, as the same shall become due, the expenses of\noperating and maintaining the properties of the agency, together with\nproper reserves for debt service, depreciation, maintenance and\ncontingencies and all other obligations and indebtedness of the agency.\n 16. To accept gifts, grants, loans or contributions from the United\nStates, the state or any agency or instrumentality of either of them, or\nany municipality or from any person, by bequest or otherwise, and to\nexpend the proceeds for any corporate purposes of the agency; and\n 17. To negotiate a fee per ton of waste processed or other benefit\nwith the municipality hosting a solid waste management facility; and\n 18. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n