§ 2049-EE — Powers of the authority

§ 2049-ee. Powers of the authority. The authority shall have the\npower:\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 and\nto take by eminent domain, in the name of the authority, pursuant to the\neminent domain procedure law, any real property required to carry out\nits corporate purposes; provided, however, that in the acquisition of\nany real property designated as the site for any facility, the authority\nshall give consideration to the present and any proposed land use\ncharacter of the area in which the site is to be located and zoning laws\nor regulations, if any, otherwise generally applicable to such area.\n 4. To collect, receive, extract, transport, process, dispose of, sell,\nstore, convey, recycle, and deal with, in any lawful manner and way,\nsolid waste generated within the area of operation and any products or\nby-products thereof now or hereafter developed or discovered, including\nany energy generated by the operation of any solid waste\nmanagement-resource recovery facility. Any such disposal or sale may be\neffected on such terms and in such manner as the authority may deem\nproper.\n 5. To plan, develop and construct projects and to pay the cost thereof\nand to have the right to contract in relation thereto with the counties,\nor other municipalities or persons within or without the area of\noperation and to own and operate, maintain, repair, improve,\nreconstruct, renovate, rehabilitate, replace, increase, enlarge, and\nextend, subject to the provisions of this title, any of its projects\nacquired or constructed under this title, and to enter into contracts\nfor any and all such purposes and for the management and operation of a\nproject, and to sell, lease, mortgage or otherwise dispose of any\nproject or part thereof to any person or public corporation,\nmunicipality or the state, subject to such conditions and limitations as\nthe authority may determine to be in the public interest.\n 6. 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 public\ncorporation.\n 7. To collect or receive, from the counties, any other municipality\nlocated wholly or partially within the area of operation or public\ncorporation or person, solid waste generated within the area of\noperation for the purpose of treatment or disposal thereof, with the\nright of the authority to sell and dispose of any products or\nby-products (including energy) of such process of treatment or disposal,\nas the authority may deem proper provided, however, that the authority\nmay collect and receive recyclable material regardless of the place of\ngeneration of such recyclable materials.\n 8. To contract with the counties, or other municipalities, state\nagencies, public corporations or persons within or without the area of\noperation, for the purpose of collecting, receiving, treating and\ndisposing of solid waste, including, without limitation, to contract\nwith persons for the delivery of all solid waste generated within a\nstated area to a specific solid waste management-resource recovery\nfacility provided, however, that no solid waste generated outside of the\narea of operation, other than recyclable materials, shall be received,\ncollected, treated, or disposed of by the authority.\n 9. 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 each of the legislative bodies of the counties,\nand to provide for the enforcement of such by-laws by legal or equitable\nproceedings which are or may be provided or authorized by law. In\naddition, the legislative bodies shall have power to prescribe that\nviolations of specific by-laws of the authority, including, without\nlimitation, any failure to comply with any by-law requiring the payment\nof any fee or other charge by any person in connection with the delivery\nof solid waste to any facility or any other use of any facility by such\nperson, shall constitute offenses or infractions and provide for the\npunishment of violations thereof by civil penalty.\n 10. With the consent of the appropriate legislative body, or the chief\nexecutive officer of the legislative body of any other municipality, to\nuse officers or employees of such county or municipality and to pay a\nproper portion of compensation or costs for the services for such\nofficers or employees.\n 11. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable.\n 12. 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 13. 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 or\nrefund the same, and to provide for the rights of the holders thereof.\n 14. Subject to any limitations imposed by any contract pursuant to\nsubdivision two of section two thousand forty-nine-tt of this title, to\ndetermine classifications of users, to fix and collect rates, rentals,\nfees and other charges for the use of the facilities of, or services\nrendered by, or any commodities furnished by, the authority, which\nrates, rentals, fees and other charges may be different for each\nclassification of user and may reflect the source and composition of\nsolid waste and provide for fee reductions to the user in proportion to\nwaste generated or to reflect participation in source separation\nprograms, and to contract with the counties or any other municipality or\nperson in respect thereto, so as to provide revenues sufficient at all\ntimes to pay, as the same shall become due, the principal and interest\non the bonds of the authority, together with the maintenance of proper\nreserves therefor, in addition to paying, as the same shall become due,\nthe expenses of operating and maintaining the properties of the\nauthority, together with proper reserves for debt service, depreciation,\nmaintenance and contingencies and all other obligations and indebtedness\nof the authority. No such rates, rentals, fees and other charges for the\nuse of the facilities of, or services rendered by, the authority shall\nbe established, fixed or revised unless the authority shall have held a\npublic hearing at which the users of the facilities of, or services\nrendered by, the authority together with the owners of property served\nor to be served and others interested have had the opportunity to be\nheard concerning the same. Notice of such public hearing shall be\npublished by the authority at least ten days before the date set\ntherefor in at least one newspaper having a general circulation in each\nof the counties. Such notice shall set forth the date, time and place of\nsuch hearing and shall include a brief description of the matters to be\nconsidered at such hearing. A copy of the notice shall be filed in the\noffice of the clerk of each of the counties and shall be available for\ninspection by the public. At any such hearing, any person shall have an\nopportunity to be heard concerning the matters under consideration. Any\ndecision of the authority on matters considered at any such public\nhearing shall be in writing and shall be made available to any such\nperson in the office of the authority during regular office hours. All\nrates, rentals, fees and other charges for the use of the facilities of,\nor services rendered by, the authority shall be a lien upon the real\nproperty upon which, or in connection with which, services were provided\nas and from the first date fixed for payment of such rates, rentals,\nfees and other charges. Any such lien shall take precedence over all\nother liens or encumbrances, except taxes or assessments. The treasurer\nof the authority shall prepare and transmit to the respective\nlegislative body of each county, on or before the first day of December\nin each year, a list of those properties within each respective county\nfor which such services were provided and which the payment of rates,\nrentals, fees and other charges are in arrears for a period of thirty\ndays or more after the last day fixed for payment of such rates,\nrentals, fees and other charges without penalty. The list shall contain\na brief description of the properties for which such services were\nprovided, the names of the persons or corporations liable to pay for the\nsame, and the amount chargeable to each, including penalties and\ninterests computed to December thirty-first of that year. Each governing\nbody shall levy such sums against the properties liable and shall state\nthe amount thereof in a separate column in the annual tax rolls of the\nvarious municipalities under the heading "solid waste disposal charge".\nSuch amounts, when collected by the several municipal collectors or\nreceivers of taxes, shall be paid over to each respective county\ntreasurer, who immediately shall pay the same over to the treasurer of\nthe authority. All of the provisions of the tax laws of the state\ncovering enforcement and collection of unpaid taxes or assessments for\nspecial improvements not inconsistent herewith shall apply to the\ncollection of such unpaid rates, rentals, fees and other charges.\n 15. 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 16. To enter into agreements, in its discretion, to pay annual sums in\nlieu of taxes to the counties or any other municipality, political\nsubdivision or taxing district of the state in respect to any real\nproperty which is owned by the authority and located in such counties,\nmunicipality, political subdivision or taxing district.\n 17. To do all things necessary or convenient to carry out the power\nexpressly given in this title.\n