2053-e. Powers of the authority. The authority shall have the power:
1. To sue and be sued.
2. To have a seal and alter the same.
3. To acquire in the name of the authority, hold, sell, lease, mortgage or otherwise dispose of property, real, personal or mixed, or any interest therein, without limitation, for its corporate purposes. In selecting the location for any real property to be acquired or leased, the authority shall give consideration to the present and any proposed land use character of the area in which such site is to be located and shall be subject to and exempt from the zoning laws or regulations, if any, otherwise generally applicable to such area to the same extent that the county is subject to and exempt from the zoning laws or regulations otherwise generally applicable to such area. The authority shall not acquire or lease any interest in real property except upon compliance with the procedure set forth in section two thousand fifty-three-f of this title.
4. To condemn in the name of the authority pursuant to the eminent domain procedure law, any real property within the county and required by the authority to carry out the powers granted by this title, subject to the provisions of section two thousand fifty-three-f of this title.
5. To collect, receive, transfer, transport, process, dispose of, sell, store, convey, recycle, compost, combust and deal with, in any lawful manner and way, solid waste and any products or by-products thereof now or hereafter developed or discovered, including any recovered materials, compost or energy produced or generated by the operation of any solid waste management facility. Any such disposal or sale may be effected on such terms and in such manner as the authority may deem proper.
6. To plan, develop and construct projects and to pay the cost thereof and to contract in relation thereto with municipalities or persons within or without the county and to own and operate, maintain, repair, improve, reconstruct, enlarge and extend, subject to the provisions of this title, any of its projects acquired or constructed under this title, and to sell, lease, mortgage, grant a security interest in, pledge, encumber, or otherwise dispose of any project or part thereof to any person, municipality or public corporation, subject to such conditions and limitations as the authority may determine to be in the public interest, and to apply for, hold and perform its obligations under any permit, license, approval, or other legal entitlement which may be required for its projects, services or exercise of powers.
7. To assist in the planning, development, construction and operation of and the financing of the cost of any solid waste management facility to be located in the county whether or not such solid waste management facility is to be owned by the authority, which assistance may include loans to any person or public corporation.
8. To collect or receive from the United States, the state, the county, any other municipality or public corporation or person, subject to the limitations of section two thousand fifty-three-f of this title, solid waste for the purpose of treatment or disposal thereof, with the right of the authority to sell and dispose of any products or by-products (including recovered materials, compost or energy) of such process of treatment or disposal, as the authority may deem proper.
9. To contract with the county, other municipalities, state agencies, public corporations or persons within or without the county, for the purpose of receiving, treating and disposing of solid waste or for any other purpose authorized hereunder, including, without limitation, the power to contract with municipalities, state agencies, public corporations or persons for the delivery of all solid waste generated within a stated area to a specific solid waste management facility.
10. To make rules, regulations and by-laws pertaining to and governing the management and regulation of its affairs and, subject to agreements with bondholders, the use of any project or other property of the authority and the provision of any service by the authority, which rules, regulations and by-laws and all amendments thereto, duly certified by the secretary of the authority, shall be filed in the office of the authority and in the office of the clerk of the county, and to provide for the enforcement of such rules, regulations and by-laws by legal or equitable proceedings which are or may be provided or authorized by law. In addition, the county legislature shall have power to prescribe that violations of specific rules, regulations and by-laws of the authority shall constitute violations and provide for the enforcement of violations thereof by civil penalties, including any such rules, regulations and by-laws requiring the payment of generator, user or hauler fees by any person in connection with the service or availability or service by any facility owned or under contract to the authority.
11. With the consent of the county executive, to use officers or employees of the county and to pay a property portion of the compensation or costs for the services for such officers or employees.
12. To make contracts and to execute all necessary or convenient agreements, documents and instruments, including evidences of indebtedness, negotiable or non-negotiable.
13. To enter on any lands, waterways or premises for the purpose of making surveys, soundings and examinations, any liability for which shall not exceed actual damages.
14. To borrow money and to issue bonds and to fund or refund the same, and to provide for the right of the holders thereof.
15. To procure insurance, letters of credit, lines of credit, or other credit enhancement with respect to its bonds or notes issued pursuant to this title, or facilities for the payment of tenders of such bonds or notes or facilities for the payment upon maturity of short-term notes not renewed.
16. To enter into interest rate exchange or similar arrangements with any person under such terms and conditions as the authority may determine including, without limitation, provisions as to default or early termination and indemnification by the authority or any other party thereto for loss of benefits as a result thereof.
17. To fix and collect, as more fully set forth in section two thousand fifty-three-g of this title, rates, rentals, fees and other charges for the use of the facilities of, or services provided by, or any commodities furnished by, the authority, and to contract with any municipality in respect thereto, so as to provide revenues sufficient at all times to pay, as the same shall become due, the principal and interest on the bonds of the authority, together with the maintenance of proper reserves therefor, in addition to paying, as the same shall become due, the expenses of operating and maintaining the properties and business of the authority and meeting all of its contractual and other obligations, together with proper reserves for debt service, depreciation, maintenance and contingencies and all other obligations and indebtedness of the authority.
18. To enter into agreements, in its direction, to pay annual sums in lieu of taxes to any municipality in respect to any real property which is owned by the authority and located in such municipality, political subdivision or taxing district.
19. To accept gifts, grants, loans or contributions from the United States, the state or any agency or instrumentality of either of them, or any municipality or from any person or public corporation, by bequest or otherwise, and to expend the proceeds for any corporate purposes of the authority.
20. To covenant and consent that the interest on any of its bonds or notes issued pursuant to this title shall be includible, under the United States Internal Revenue Code of 1986, as amended, or any subsequent corresponding internal revenue law of the United States, in gross income of the holder of the bonds or notes to the same extent and in the same manner that the interest on bills, bonds, notes or other obligations of the United States is includible in the gross income of the holders thereof under said Internal Revenue Code or any such subsequent law.
21. To act as an agency, as such term is used in section two hundred fifty-one of the county law.
22. To do all things necessary or convenient to carry out the powers expressly given in this title.
Last modified: February 3, 2019