New York Laws
Title 13-C - Town of Islip Resource Recovery Agency
2046-F - Powers.

§ 2046-f. Powers. The agency shall have the power:

1. To sue and be sued;

2. To have a seal and alter the same at pleasure;

3. To acquire, hold or lease, in the name of the agency or to sell,
mortgage, lease, or otherwise dispose of property, real, personal,
mixed, or any interest therein, without limitation for its corporate
purposes, provided that the agency may not acquire any real property
without the town except with the consent of the town board of the town
in which such property is located or, if located within the boundaries
of a village, with the consent of the board of trustees of such village;

4. To receive, collect, transport, process, dispose of, sell, store,
convey, recycle and deal with, in any lawful manner and way, solid waste
and any by-products thereof now or hereafter developed or discovered,
including energy generated by the operation of any facility;

5. To condemn with consent of town board and the supervisor in the
name of the agency, pursuant to the eminent domain procedure law, any
real property within the town required by the agency to carry out the
powers granted by this title;

6. To plan, construct and develop projects and to have the right to
contract in relation thereto with the town and with other municipalities
or persons within or without the town and to own, acquire and purchase
real property in connection therewith and to own and operate, maintain,
repair, improve, reconstruct, enlarge and extend, subject to the
provisions of this title, any of its properties acquired or constructed
under this title, and to sell, lease, mortgage or otherwise dispose of
any project or part thereof to any persons or municipality, subject to
such conditions and limitations as the agency may determine to be in the
public interest;

7. To assist in the planning, construction and development of and the
financing of the cost of any solid waste management-resource recovery
facility to be located in the town whether or not such 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;

8. To receive from the United States, the state, the town, any other
municipality or public corporation or person, or from such other sources
as the agency may deem proper, 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 of such process of treatment or disposal, as
the agency may deem proper;

9. To contract with the town, other municipalities, state agencies or
authorities, or persons for the purpose of receiving, treating and
disposing of solid waste by the agency;

10. To adopt by-laws for the management and regulation of its affairs,
subject to agreements with bondholders and noteholders, rules for the
receiving and disposing of solid waste and charges therefor. A copy of
such rules and by-laws, and all amendments thereto, duly certified by
the secretary of the agency shall be filed in the office of the agency;

11. To use officers or employees of the town, subject to the payment
to the town by the agency of a proper portion of the compensation or
costs for the services of such officers or employees;

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

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

14. To borrow money and to issue negotiable bonds or notes or other
obligations and to fund or refund the same, and to provide for the
rights of the holders of its bonds or notes;

15. 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 agency so as to provide revenues sufficient at all
times to pay, as the same shall become due, the principal and interest
on the bonds, notes or other obligations 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;

16. To accept grants, loans or contributions from the United States,
the state or any agency or instrumentality of either of them, or any
municipality or individual, by bequest or otherwise, and to expend the
proceeds for any purposes of the agency, providing however, that any
resource recovery facility or project constructed with state assistance
shall be designed and constructed using proven technology acceptable to
the commissioner of environmental conservation;

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