New York Laws
Title 13-D - Dutchess County Resource Recovery Agency
2047-E - Powers of the Agency.

§ 2047-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 in the acquisition of any real property
designated as the site for any facility, the agency shall give
consideration to the present and any proposed land use character of the
area in which the site is to be located and the zoning laws or
regulations, if any, otherwise generally applicable to such area.

4. To take by eminent domain, subject to the approval of the county
legislature and the county executive in the name of the agency, pursuant
to the eminent domain procedure law, within the area of operation any
real property required by the agency to carry out the powers granted by
this title.

5. To collect, 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.

6. 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.

7. 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.

8. To collect or 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;

9. To contract with the county, other municipalities, state agencies,
public corporations or persons within or without the county, for the
purpose of collecting, 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.

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 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.

11. 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.

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 with the consent of the county executive,
waterways and premises within the county for the purpose of making
surveys, soundings, and examinations, and liability therefor 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 rights of the holders thereof.

15. Subject to any limitations imposed by any contract pursuant to
subdivision two of section two thousand forty-six-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 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 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 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

17. To negotiate a fee per ton of waste processed or other benefit
with the municipality hosting a solid waste management facility; and

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