§ 2053-V — Contracts with municipalities; powers of municipalities

New York § 2053-V

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 13-M: Rockland County Solid Waste Management Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2053-v. Contracts with municipalities; powers of municipalities. 1.\nThe county and one or more municipalities within the county, or the\nauthority and the county, shall have power to contract from time to time\nbetween or among themselves, or among themselves and with the authority,\nin relation to the receiving, transporting, storage, processing,\ntreatment or disposal of solid waste or for the purchase or use of any\nmaterials, energy, byproducts or residue generated by or resulting from\nthe operation of any solid waste management facility. Any such contract\nto which the authority, the county and any municipality within the\ncounty are parties may include provisions stipulating the maximum rates,\nrentals, fees and other charges to be collected for the use or\navailability of facilities. Any contract to which the authority, the\ncounty and any municipality within the county are parties may include\nprovisions (i) requiring the periodic delivery to the particular\nfacilities of minimum amounts of solid waste and providing for specified\nminimum period payments whether or not such delivery is made, or (ii)\nrequiring the county and any municipality within the county to pay,\nwithin appropriations available therefor, such amounts as shall be\nnecessary to assure the continued operation and solvency of the\nauthority, such payments to be determined and paid in such manner and at\nsuch times as may be provided in such contract or contracts.\n 2. In recognition of existing state policy, as declared in title one\nof article twenty-seven of the environmental conservation law, the\nlegislature hereby affirms that the basic responsibility for the\nplanning and operation of solid waste management facilities remains with\nlocal governments; and further recognizes the county's role as planning\nunit under section 27-0107 of the environmental conservation law. To\nfurther the governmental and public purposes of the authority, including\nthe implementation of any contract or proposed contract contemplated by\nthis title, and in recognition of the public policy of the state in the\narea of the control and management of solid waste and solid waste\ndisposal activities to displace competition with regulation or monopoly\npublic control, the county and all other municipalities within the\ncounty shall have the power to adopt and amend local laws, ordinances\nand regulations imposing appropriate and reasonable limitations on\ncompetition with respect to collecting, receiving, transporting,\ndelivering, storing, processing, treating and disposing of solid waste\nor the recovery by any means of any material or energy product or\nresource therefrom, and shall further have the power to adopt and amend\nlocal laws requiring that all solid waste generated, originated or\nbrought within their respective boundaries, subject to such exceptions\nas may be determined to be in the public interest, shall be delivered to\na specified facility or facilities; provided however, that any such\nlocal law enacted by the county shall take precedence over and shall\nsupersede any inconsistent provisions of any such local law enacted by a\nmunicipality with 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. Any such local law may include provisions for the\nenforcement thereof and penalties for the violation thereof, which may\nprovide, but shall not be limited to providing, that any violation of a\nlocal law may be punished by civil penalty, fine or other monetary\ncharge, and/or, the suspension or revocation of permits or licenses\ngranted by any other jurisdiction with respect to the collecting,\nreceiving, transporting, delivery or storing of solid waste. For the\npurposes of this section, solid waste shall have the same meaning as\ndefined in section two thousand fifty-three-b of this title. Upon the\nadoption of any local law, ordinance or regulation pursuant to this\nsection, the county or municipality shall file with the commissioner of\nthe department of environmental conservation a verified copy of such\nlocal law, ordinance or regulation; provided, however, that failure to\nso file such a local law, ordinance or regulation shall not invalidate\nsuch local law, ordinance or regulation. The foregoing provisions of\nthis subdivision shall not be construed to limit, alter or abridge the\npowers granted to the county under the provisions of chapter five\nhundred sixty-nine of the laws of nineteen hundred ninety-one, as\namended.\n 3. 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 authority pursuant to subdivision one of this\nsection. Any resale or other disposition may be made in such manner as\nthe county may deem proper and upon such terms and conditions as may be\nagreed upon by the parties thereto.\n 4. 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 authority.\n 5. 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\nthirty years, as may be agreed upon by the parties thereto.\n 6. Any contract entered into pursuant to this section to which the\nauthority shall be a party may be pledged by the authority as security\nfor any issue of bonds, and may be assigned, in whole or in part, by the\nauthority to any public corporation or person which shall construct,\npurchase, lease or otherwise acquire any solid waste management\nfacility, or part thereof, financed in whole or in part by the\nauthority.\n