New York Laws
Title 13-AA - Montgomery, Otsego, Schoharie Solid Waste Management Authority
2041-D - Powers of the Authority.

§ 2041-d. 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.

4. To condemn, in the name of the authority pursuant to the eminent
domain procedure law, any real property within the area of operation and
required by the authority to carry out the powers granted by this title.

5. To collect, receive, extract, transport, process, dispose of, sell,
store, convey, recycle, 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 energy generated by the operation
of any solid waste management resource recovery 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, purchase and construct projects and to pay the
cost thereof and to have the right to contract in relation thereto with
municipalities or persons within or without the area of operation and to
own and operate, maintain, repair, improve, reconstruct, renovate,
rehabilitate, replace, enlarge, increase and extend, subject to the
provisions of this title, any of its projects acquired or constructed
under this title, and to enter into contracts for any and all such
purposes and for the management and operation of a project, and to sell,
lease, mortgage or otherwise dispose of any project or part thereof to
the state, any person, public corporation, or municipality, subject to
such conditions and limitations as the authority may determine to be in
the public interest.

7. To assist in the planning, development and construction of and the
financing of the cost of any project to be located in the area of
operation whether or not such project is to be owned or operated by the
authority, which assistance may include loans to any person or
municipality.

8. To collect or receive from the United States, the state, any
participating county, any other municipality, public corporation,
corporation or person, 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 energy, of such process of
treatment or disposal, as the authority may deem proper.

9. To contract with any participating county, other municipalities,
state agencies, public corporations, corporations or persons within or
without the area of operation, for the purpose of collecting, receiving,
treating and disposing of solid waste, including, without limitation, to
contract with participating counties, other municipalities, state
agencies, public corporations or persons for the delivery of all solid
waste generated within a stated area to a specific facility.

10. To make by-laws for the management and regulation of its affairs
and, subject to agreements with bondholders, for the regulation of the
use of any project or other property of the authority, which 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 legislative body of each participating
county, and to provide for the enforcement of such by-laws by legal or
equitable actions or proceedings which are or may be provided or
authorized by law. In addition, the legislative bodies shall have power
to prescribe that violations of specific by-laws of the authority,
including, without limitation, any failure to comply with any by-law
requiring the payment of any fee or other charge by any person in

connection with the delivery of solid waste to any facility or any other
use of any facility by such person, shall constitute offenses or
infractions and provide for the punishment of violations thereof.

11. With the consent of the chairman of the legislative body of a
participating county or the legislative body of any municipality, to use
the officers or employees of such participating county or any
municipality within a participating county and to pay a proper portion
of the compensation or costs for the services for such officers or
employees. Provided, however, that a full time officer, member or
employee shall not be compensated in the aggregate in an amount in
excess of such officer's, member's or employee's full time compensation
without the express approval of the county legislature.

12. To make contracts and to execute all necessary or convenient
instruments, including evidences of indebtedness, negotiable or
non-negotiable.

13. To enter on any lands, waterways or premises within the area of
operation 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 for any of its corporate
purposes, to secure the same with its revenues or other funds, to fund
or refund the same, and to provide for the rights of the holders
thereof.

15. Subject to any limitations imposed by any contract pursuant to
subdivision one of section two thousand forty-one-t of this title, to
fix and collect rates, rentals, fees and other charges for the use of
the facilities of, or services rendered by, or any commodities furnished
by, the authority and to contract with any participating county, other
municipality or person 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 of the authority, together with proper reserves for debt
service, depreciation, maintenance and contingencies and all other
obligations and indebtedness of the authority, provided, however, that
the authority shall not have the power, within any city, to collect
rentals, charges, rates or fees from the owners of real estate, or the
occupants of real estate (other than the occupants of premises owned or
controlled by the authority, or by the state or any civil division
thereof), for services or facilities furnished or supplied in connection
with such real estate, if such services or facilities are of a character
or nature that, as of the effective date of this title, are or formerly
were furnished or supplied by the city, unless the electors of the city
shall approve the granting to the authority of such powers by a majority
vote at a general or special election in the city.

16. To accept gifts, grants, loans or contributions from the United
States, the state or any authority or instrumentality of either of them,
or any municipality or from any person, by bequest or otherwise, and to
expend the proceeds for any corporate purposes of the authority.

17. To enter into agreements, in its discretion, to pay annual sums in
lieu of taxes to any municipality, political subdivision or taxing
district of the state in respect to any real property which is owned by
the authority and located in such municipality, political subdivision or
taxing district.

18. To establish standards and criteria which shall be used to
determine if real property shall be utilized in conjunction with any
solid waste management program provided, however, that in no instance
shall such standards and criteria provide for the placement of sanitary

landfills, leachate treatment facilities, secure land burial facilities,
landspreading facilities, surface impoundments and waste oil storage
facilities over a primary public water supply aquifer or principal
aquifer. Once such standards and criteria are established, no real
property shall be acquired except in accordance with such standards and
criteria. Such standards and criteria shall be established after a
public hearing in each participating county upon such proposed standards
and criteria, which public hearing shall be on at least ten days notice
in a newspaper or newspapers of general circulation in the counties of
Montgomery, Otsego and Schoharie. Such notice shall also be sent by
regular mail to the clerk of each municipality in such three counties,
including the clerk of each county.

19. To make payments to, and settle claims asserted by owners of
property in proximity to and adversely affected by, landfill facilities
of the authority in order to compensate such owners in whole or in part
for diminution of the value of their property, if any, directly
resulting from the siting of the authority landfill facility or the
activities undertaken therein. The amount and manner of such payments
shall be determined by resolution of the authority, and shall be based
on real estate market studies and/or appraisals undertaken at the
direction of the authority, in such form and substance satisfactory to
the authority. The authority may establish rules and regulations setting
forth the specifications pursuant to which real estate market studies
and/or appraisals shall be conducted and such other rules and
regulations as may be necessary to effectuate the purposes of this
subdivision. Such rules and regulations shall include a requirement that
all property owners requesting payments in accordance therewith must
file a claim with the authority by a date specified by the authority.
Any payments made pursuant to the provisions of this subdivision shall
be considered a cost of the authorities in the computation of rates,
fees, and charges in accordance with subdivision fifteen of this
section.

20. In addition to the power granted by subdivision seventeen of this
section, to make payments to and settle claims asserted by
municipalities either adversely affected by landfill facilities of the
authority, or, in which landfill facilities of the authority are located
to compensate such municipalities for additional municipal service
support, monitoring and similar activities occasioned by the siting,
construction, and operation of said landfill. The amount and manner of
such payments shall be determined by resolution of the authority in its
discretion and shall be utilized by the recipient municipality in
conformance with the purposes heretofore set forth. Any payments made
pursuant to the provisions of this subdivision shall be considered a
cost of the authority and may be included in the computation of rates,
fees and charges in accordance with this section.

21. To do all things necessary or convenient to carry out the powers
expressly given in this title.