§ 2051-E — Powers of the authority

§ 2051-e. Powers of the authority. The authority 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 authority, hold, sell, lease,\nmortgage or otherwise dispose of property, real, personal or mixed, or\nany interest therein, without limitation, for its corporate purposes;\n 4. To condemn, in the name of the authority pursuant to the eminent\ndomain procedure law, any real property within the county and required\nby the authority to carry out the powers granted by this title.\n 5. To collect, receive, transport, process, dispose of, sell, store,\nconvey, recycle and deal with, in any lawful manner and way, solid waste\nand any products or by-products thereof now or hereafter developed or\ndiscovered, including any energy generated by the operation of any solid\nwaste management facility. Any such disposal or sale may be effected on\nsuch terms and in such manner as the authority may deem 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 authority\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 facility to be\nlocated in the county whether or not such solid waste management\nfacility is to be owned or operated by the authority, which assistance\nmay include loans to any person or public corporation. Any such solid\nwaste facility producing either electricity or shaft horsepower and\nuseful thermal energy shall constitute a co-generation facility as\ndefined in subdivision two-a of section two of the public service law;\n 8. To collect, receive from the United States, the state, the county,\nany other municipality or public corporation or person solid waste for\nthe purpose of treatment or disposal thereof, with the right of the\nauthority to sell and dispose of any products or by-products (including\nenergy) of such process of treatment or disposal, as the authority may\ndeem 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 receiving, treating and disposing of solid waste including\nwithout limitation to contract with municipalities, state agencies,\npublic corporations or persons for the delivery of all solid waste\ngenerated within a stated area to a specific solid waste management\nfacility;\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 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 the county, and to provide for the enforcement of\nsuch by-laws by legal or equitable proceedings which are or may be\nprovided or authorized by law. In addition, the county legislature shall\nhave power to prescribe that violations of specific by-laws of the\nauthority shall constitute offenses or infractions and provide for the\npunishment of violations thereof by civil and criminal penalties;\n 11. With the consent of the chairman of the county legislature, to use\nofficers or employees of the county and to pay a proper portion of the\ncompensation or 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, waterways or premises for the purpose of\nmaking surveys, soundings and examinations, any liability for which\nshall not exceed 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. 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 authority 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;\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 or public corporation, by bequest or\notherwise, and to expend the proceeds for any corporate purposes of the\nauthority;\n 17. To act as an agency, as such term is used in section two hundred\nfifty-one of the county law; and\n 18. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n