§ 2050-T — Pledge by county; contracts with municipalities; powers of municipalities

§ 2050-t. Pledge by county; contracts with municipalities; powers of\nmunicipalities. 1. The county is hereby authorized to pledge to and\nagree with the holders of the bonds that the county will not limit or\nimpair the rights hereby vested in the agency to purchase, construct,\nmaintain, operate, repair, improve, increase, enlarge, extend,\nreconstruct, renovate, rehabilitate or dispose of any project, or any\npart or parts thereof, for which bonds of the agency shall have been\nissued, to establish and collect rates, rents, fees and other charges\nreferred to in this title and to fulfill the terms of any agreements\nmade with the holders of the bonds or with any public corporation or\nperson with reference to such project or part thereof, or in any way\nimpair the rights and remedies of the bondholders, until the bonds,\ntogether with interest thereon, with interest on any unpaid installments\nof interest and all costs and expenses in connection with any action or\nproceeding by or on behalf of the bondholders are fully met and\ndischarged.\n 2. The county and one or more municipalities within the county, or the\nagency and the county, shall have power to contract from time to time\nbetween or among themselves, or among themselves and with the agency, in\nrelation to the collecting, receiving, transporting, storage processing\nor disposal of solid waste or for the purchase or use of any materials,\nenergy, by-products or residue generated by or resulting from the\noperation of any solid waste management-resource recovery facility. Any\nsuch contract to which the county and any municipality within the county\nare parties may include provisions stipulating the maximum rates,\nrentals, fees and other charges to be collected for the use of\nfacilities. Any contract to which the agency and the county are parties\nmay include provisions (a) requiring the periodic delivery to the\nparticular facilities of minimum amounts of solid waste and providing\nfor specified minimum periodic payments whether or not such delivery is\nmade subject to such limitations, exceptions and provisions therein or\n(b) requiring the county to pay, within appropriations available\ntherefor, such amounts as shall be necessary to assure the continued\noperation and solvency of the agency, such payments to be determined and\npaid in such manner and at such times as may be provided in such\ncontract.\n 3. To further the governmental and public purposes of the agency,\nincluding the implementation of any contract or proposed contract\ncontemplated by this title, the county shall have the power to adopt and\namend local laws imposing appropriate and reasonable limitations on\ncompetition with respect to collecting, receiving, transporting,\ndelivering, storing, processing and disposing of solid waste or the\nrecovery by any means of any material or energy product or resource\ntherefrom, including, local laws requiring that all solid waste\ngenerated, originated or brought within their respective boundaries,\nsubject to such exceptions as may be determined to be in the public\ninterest, shall be delivered to a specified solid waste\nmanagement-resource recovery facility; provided, however, that any such\nlocal law enacted by the county shall take precedence over and shall\nsupersede any inconsistent provisions of any local law enacted by a\nmunicipality within the county. Any such local law shall be adopted in\naccordance with the procedure provided by the municipal home rule law,\nexcept that no such local law shall be subject to either mandatory or\npermissive referendum. For purposes of this subdivision, solid waste\nshall have the meaning specified in 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.\n 4. The county is hereby authorized to resell or otherwise dispose of\nall or any part of the materials, energy, by-products or residue\npurchased from the agency pursuant to subdivision two of this section.\nAny resale of or other disposition may be made in such manner as the\ncounty may deem proper and upon such terms and conditions as may be\nagreed upon by the parties thereto.\n 5. The county and all other municipalities within the county shall\nhave power to perform such other acts, to enter into such other\ncontracts, including contracts between or among themselves, execute such\ninstruments and to undertake such future proceedings as shall be\ndetermined necessary or desirable to effectuate the purpose of this\ntitle, including the making of gifts, grants, loans or contributions to\nthe agency.\n 6. Except as otherwise provided by section one hundred twenty-w of the\ngeneral municipal law, any contract entered into by a municipality\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, except\nthat any contract relating to or affecting the security of any project\nfinanced in whole or in part by the agency may provide that the same\nshall remain in full force and effect as long as the bonds issued for\nsuch project shall remain outstanding or until adequate provision has\nbeen made for the payment or satisfaction thereof.\n 7. Any contract entered into pursuant to this section to which the\nagency shall be a party may be pledged by the agency as security for any\nissue of bonds, and may be assigned, in whole or in part, by the agency,\nto any public corporation or person which shall construct, purchase,\nlease or otherwise acquire any solid waste management-resource recovery\nfacility, or part thereof, financed in whole or in part by the agency.\n 8. Any contract, lease or agreement entered into by the agency\npursuant to this title and which provides for the construction of a\nfacility which combusts solid waste, shall provide for the utilization\nof the best available 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 Any such contract, lease or agreement also may include provisions for\nthe payment of up to one dollar and twenty-five cents per ton of solid\nwaste processed at such facility. Such payments shall be apportioned as\nfollows: one dollar or a portion thereof to such town or city in which\nthe facility is located; and twenty-five cents or a portion thereof to\nsuch fire district or to such city, for fire protection purposes, in\nwhich such facility is located.\n