§ 2706 — Special powers of participating counties and municipalities with respect to certain facilities

§ 2706. Special powers of participating counties and municipalities\nwith respect to certain facilities. 1. Any participating county and one\nor more municipalities within the participating county, shall have the\npower to enter into contracts, leases or agreements from time to time\nbetween or among themselves and with the United States, or between and\namong themselves and the United States and with the authority in\nconnection with a solid waste management facility in relation to the\ncollecting, receiving, transporting, storage, processing or disposal of\nsolid waste or for the purchase or use of any materials, energy,\nby-products or residue generated by or resulting from the operation of\nany such solid waste management facility; in connection with a sewer\nfacility in relation to the collection, receiving, transporting,\nstorage, processing or disposal of sewage or for the purchase or use of\nany materials, energy, by-products or residue generated by or resulting\nfrom the operation of any such sewer facility; in connection with a\nwater facility in relation to the supplying, providing, storage,\nprocessing, purification, transportation, distribution and sale of water\nresulting from or used in connection with any such water facility. Any\nsuch contract, lease or agreement to which any participating county or\nany municipality is a party may include provisions stipulating the\nminimum rates, rentals, fees and other charges to be collected for the\nuse of any such services, the availability of such services, including\ndemand charges, and for the use and availability of such facilities and\nto pay all amounts due under the contracts, which may be amounts\ncalculated to provide for payment and security for any bonds including,\nwithout limitation, such debt service coverage as the authority deems\nadequate for the bonds. Any such contract lease or agreement to which\nthe authority or any participating county or any municipality are\nparties may include provisions (i) in connection with a solid waste\nmanagement-resource recovery facility obligating such participating\ncounty or municipality to deliver or cause to be delivered, periodically\nto a solid waste management facility all or any portion of the solid\nwaste generated in such participating county or municipality for\nprocessing or disposal and to make periodic payments for such processing\nor disposal whether or not delivery of any such solid waste shall be\nmade, subject only to such exceptions, terms and conditions as may be\nprovided therein; (ii) in connection with a sewer facility obligating\nsuch participating county or municipality to transport or cause to be\ntransported to a sewer facility all or any portion of the sewage\ngenerated in such participating county or municipality for processing or\ndisposal and to make periodic payments for such processing and disposal\nwhether or not any sewer is transported to the sewer facility for such\nprocessing or disposal, subject only to such exceptions, terms and\nconditions as may be provided therein; (iii) in connection with a water\nfacility obligating such participating county or municipality to obtain\nor cause to be obtained from a water facility all or any portion of the\nwater used or consumed in such participating county or municipality and\nto make periodic payments for the supply of such water whether or not\nany water is used or consumed from such facility, subject only to such\nexceptions, terms and conditions as may be provided therein. To further\nthe governmental and public purposes of the authority, including the\nimplementation of any contract or proposed contract contemplated by this\ntitle, any participating county and all municipalities within any\nparticipating county shall have power to adopt and amend local laws\nimposing appropriate and reasonable limitations on competition\nincluding, without limiting the generality of the foregoing, local laws\nrequiring that all solid waste generated or originated within their\nrespective boundaries or portions thereof, subject to such exceptions as\nmay be determined to be in the public interest, shall be delivered to a\nspecified solid waste management facility or facilities; that all sewage\ngenerated or originated within their respective boundaries or portions\nthereof, subject to such exceptions as may be determined to be in the\npublic interest, shall be delivered to a specified sewage facility or\nfacilities; that all water used or consumed within their respective\nboundaries or portion thereof, subject to such exceptions as may be\ndetermined to be in the public interest, shall be supplied, transported\nor distributed by a specified water facility or facilities. Any such\nlocal law shall be adopted in accordance with the procedure provided by\nthe municipal home rule law. Nothing contained in this title shall be\ndeemed or construed to alter the power granted under section twenty\nhundred forty-eight-s of this chapter.\n 2. Each participating county and each such municipality is hereby\nauthorized to resell or otherwise dispose of all or any part of the\nmaterials, energy, by-products or residue purchased, received or\nobtained from the authority pursuant to subdivision one of this section.\nAny resale or other disposition may be made in such manner as such\nparticipating county or such municipality may deem proper and upon such\nterms and conditions as may be agreed upon by the parties thereto.\n 3. Each participating county and each such municipality shall have the\npower to perform such other acts, to enter into such other contracts,\nincluding 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 4. Notwithstanding any other law, general, special or local, any\ncontract entered into by a participating county or municipality in\nconnection with, or in any manner relating to any project may be for\nsuch term or duration as may be agreed upon by the parties thereto,\nincluding that any such contract may provide that the same shall remain\nin full force and effect so long as the bonds issued for or in\nconnection with such project, including any renewals thereof, shall\nremain outstanding or until adequate provision has been made for the\npayment or satisfaction thereof.\n 5. 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 project, or part thereof,\nfinanced in whole or in part by the authority.\n