New York Laws
Title 13-F - Town of North Hempstead Solid Waste Management Authority
2049-D - Powers of the Authority.

§ 2049-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, with the consent of the town board and the supervisor,
in the name of the authority, pursuant to the eminent domain procedure
law, any real property required by the authority to carry out the powers
granted by this title provided that condemnation of any real property
not located within the town shall require the consent of the board of
the town where such real property is located;

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 facility 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 have the right to contract in relation thereto with
municipalities or persons 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 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 facility whether or not such facility is to
be owned or operated 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 town,
any other municipality or public 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 the town, other municipalities, state agencies,
public corporations or persons, for the purpose of collecting,
receiving, treating and disposing of solid waste, including, without
limitation, 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 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 town, 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 town shall have power to
prescribe under the town code 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 by
civil and criminal penalties;

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

12. 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;

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. 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 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;

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 or public corporation, by bequest or
otherwise, and to expend the proceeds for any corporate purposes of the
authority; and

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