New York Laws
Title 13-B - Onondaga County Resource Recovery Agency
2045-E - Powers of the Agency.

§ 2045-e. Powers of the agency. The agency 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 agency, hold, sell, lease, mortgage
or otherwise dispose of property, real, personal or mixed, or any
interest therein, without limitation, for its corporate purposes;
provided, however, that (i) the agency shall not have the power of
eminent domain, (ii) the acquisition by the agency of any real property
designated as the site for any facility shall be subject to prior
approval by the county legislature, and (iii) in selecting the location
for any such site the agency shall give consideration to the present and
any proposed land use character of the area in which such site is to be
located and the zoning laws or regulations, if any, otherwise generally
applicable to such area;

4. To receive, 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 agency may deem
proper;

5. To plan, develop 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 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 or otherwise
dispose of any project or part thereof to any person or public
corporation, subject to such conditions and limitations as the agency
may determine to be in the public interest;

6. To assist in the planning, development and construction of and the
financing of the cost of any solid waste management-resource recovery
facility to be located in the county whether or not such solid waste
management-resource recovery facility is to be owned or operated by the
agency, which assistance may include loans to any person or public
corporation. Any such solid waste management-resource recovery facility
producing either electricity or shaft horsepower and useful thermal
energy shall constitute a co-generation facility as defined in
subdivision two-a of section two of the public service law;

7. To receive from the United States, the state, the county, any other
municipality or public corporation or person, solid waste for the
purpose of treatment or disposal thereof, with the right of the agency
to sell and dispose of any products or by-products (including energy) of
such process of treatment or disposal, as the agency may deem proper;

8. 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 including
without limitation to contract with persons for the delivery of all
solid waste generated within a stated area to a specific solid waste
management-resource recovery facility;

9. 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 agency, which by-laws and
all amendments thereto, duly certified by the secretary of the agency,
shall be filed in the office of the agency and in the office of the
clerk of the county, and to provide for the enforcement of such 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 by-laws of the agency shall
constitute offenses or infractions and provide for the punishment of
violations thereof by civil penalty;

10. With the consent of the county executive, to use officers or
employees of the county and to pay a proper portion of the compensation
or costs for the services for such officers or employees;

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

12. To enter, with the consent of the county executive, on any lands,
waterways and premises for the purpose of making surveys, soundings, and
examinations, and liability therefor shall not exceed actual damages;

13. To borrow money and to issue bonds and to fund or refund the same,
and to provide for the rights of the holders thereof;

14. Subject to any limitations imposed by any contract pursuant to
subdivision two of section two thousand forty-five-t of this title, to
determine classification of users, to fix and collect, including
directly from service recipients, including owners of real property
within the county from whom waste is disposed at agency facilities,
rates, rentals, fees and other charges for the use of the facilities of,
or services rendered by, or any commodities furnished by, the agency,
which rates, rentals, fees and other charges may be different for each
classification of users and may reflect the source and composition of
solid waste and may provide for fee reductions to the user in proportion
to waste generated or to reflect participation in source separation
programs, and to contract with any municipality in the county 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 agency, 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 agency, together with
proper reserves for debt service, depreciation, maintenance and
contingencies and all other obligations and indebtedness of the agency.
In any instance where the county is or would be required by law, with
respect to solid waste management, to conduct a public hearing in
connection with a contract, lease, service agreement, classification of
user, rate, rental, fee or other charge, the agency shall not enter into
such contract, lease, service agreement, or establish, fix, or revise
any classification of user, rate, rental, fee or other charge unless and
until the agency has held a public hearing at which interested persons
have had an opportunity to be heard concerning the same, provided
however, that if the county has conducted a public hearing in connection
with such contract, lease, service agreement, classification of user,
rate, rental, fee or other charge, the agency shall not be required to
hold a public hearing. Notice of such public hearing shall be published
at least ten days before the date set therefor, in at least one
newspaper of general circulation in the county. Such notice shall set
forth the date, time and place of such hearing and shall include a brief
description of the matters to be considered at such meeting. A copy of
the notice shall be filed in the office of the clerk of the county and
shall be available for inspection by the public. At any such hearing,
any interested persons shall have an opportunity to be heard concerning
the matters under consideration. Any decision by the agency at such
public hearing shall be in writing and be made available in the office
of the agency for public inspection during regular office hours. All
rates, rentals, fees and other charges for the use of the facilities of,
or services rendered by, the agency and billed directly by the agency to
the service recipient pursuant to a classification of users adopted by

the agency as herein provided shall be a lien upon the real property
upon which, or in connection with which, services were provided, as and
from the first date fixed for payment of such rates, rentals, fees and
other charges. Any such lien shall take precedence over all other liens
or encumbrances, except taxes or assessments. The treasurer of the
agency shall prepare and transmit to the respective legislative body of
each municipality, on or before the first day of December in each year,
a list of those properties within each respective municipality for which
such services were provided and from which the payment of rates,
rentals, fees and other charges are in arrears for a period of thirty
days or more after the last day fixed for payment of such rates,
rentals, fees and other charges without penalty. The list shall contain
a brief description of the properties for which such services were
provided, the names of the persons or corporations liable to pay for the
same, and the amount chargeable to each, including penalties and
interest computed to December thirty-first of that year. Each governing
body shall levy such sums against the properties liable and shall state
the amount thereof in a separate column in the annual tax rolls of the
various municipalities under the heading "solid waste disposal charge".
Such amounts, when collected by the several municipal collectors or
receivers of taxes, shall be paid over to the treasurer of the agency.
Alternatively, the legislative body of any municipality which provides
solid waste collection service to all or a portion of the properties
within its boundaries using municipally owned and operated collection
vehicles may execute an agreement with the agency to collect and be
responsible for the collection of, on behalf of the agency, any overdue
or delinquent rates, rentals, fees or other charges and such
municipality shall have the power to pay directly to the agency such
overdue or delinquent rates, rentals, fees and other charges whether or
not they are actually collected from the service recipients of such
municipality. The legislative body of any such municipality entering
into such an agreement with the agency on or after the effective date of
this subdivision, shall be required prior to entering into such an
agreement, to provide notice of, and convene a public hearing on such an
agreement under the same terms and conditions of public notice and
hearing required of the agency pursuant to this subdivision.

All of the provisions of the tax law of the state governing
enforcement and collection of unpaid taxes or assessments for special
improvements not inconsistent herewith shall apply to the collection of
such unpaid rates, rentals, fees and other charges. Except as may be
otherwise expressly permitted under this title, any such rates, rentals,
fees and other charges shall be fixed without discrimination among the
municipalities within the county entering into contracts with the county
pursuant to section two thousand forty-five-t of this title on or before
the first date on which the county enters into a contract with the
agency pursuant to paragraph (i) of subdivision two of such section two
thousand forty-five-t of this title. The agency shall in no event fix
any such rates, rentals, fees or other charges with respect to
municipalities entering into such contracts with the county subsequent
to such date in amounts less than those fixed with respect to
municipalities entering into such contracts with the county on or before
such date;

15. 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, by bequest or otherwise, and to
expend the proceeds for any corporate purposes of the agency; and

16. To make payments to, and settle claims asserted by owners of
property in proximity to and adversely affected by, landfill facilities

of the agency 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 agency landfill facility or the activities
undertaken therein. The amount and manner of such payments shall be
determined by resolution of the agency, and shall be based on real
estate market studies and/or appraisals undertaken at the direction of
the agency, in such form and substance satisfactory to the agency. The
agency shall 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 agency by a date specified by the agency. Any payments made
pursuant to the provisions of this subdivision shall be considered a
cost of the agency in the computation of rates, fees, and charges in
accordance with subdivision fourteen of this section.

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