New York Laws
Title 13-FF - Oneida-Herkimer Solid Waste Management Authority
2049-EE - Powers of the Authority.

§ 2049-ee. 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 and
to take by eminent domain, in the name of the authority, pursuant to the
eminent domain procedure law, any real property required to carry out
its corporate purposes; provided, however, that in the acquisition of
any real property designated as the site for any facility, the authority
shall give consideration to the present and any proposed land use
character of the area in which the site is to be located and zoning laws
or regulations, if any, otherwise generally applicable to such area.

4. To collect, receive, extract, transport, process, dispose of, sell,
store, convey, recycle, and deal with, in any lawful manner and way,
solid waste generated within the area of operation 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.

5. To plan, develop and construct projects and to pay the cost thereof
and to have the right to contract in relation thereto with the counties,
or other municipalities or persons within or without the area of
operation and to own and operate, maintain, repair, improve,
reconstruct, renovate, rehabilitate, replace, increase, enlarge, 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 any person or public corporation,
municipality or the state, subject to such conditions and limitations as
the authority 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 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 public
corporation.

7. To collect or receive, from the counties, any other municipality
located wholly or partially within the area of operation or public
corporation or person, solid waste generated within the area of
operation 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 provided, however, that the authority
may collect and receive recyclable material regardless of the place of
generation of such recyclable materials.

8. To contract with the counties, or other municipalities, state
agencies, public 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 persons for the delivery of all solid waste generated within a
stated area to a specific solid waste management-resource recovery
facility provided, however, that no solid waste generated outside of the
area of operation, other than recyclable materials, shall be received,
collected, treated, or disposed of by the authority.

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 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 each of the legislative bodies of the counties,
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 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 by civil penalty.

10. With the consent of the appropriate legislative body, or the chief
executive officer of the legislative body of any other municipality, to
use officers or employees of such county or municipality and to pay a
proper portion of 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 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.

13. 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.

14. Subject to any limitations imposed by any contract pursuant to
subdivision two of section two thousand forty-nine-tt of this title, to
determine classifications of users, 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, which
rates, rentals, fees and other charges may be different for each
classification of user and may reflect the source and composition of
solid waste and provide for fee reductions to the user in proportion to
waste generated or to reflect participation in source separation
programs, and to contract with the counties or any 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. No such rates, rentals, fees and other charges for the
use of the facilities of, or services rendered by, the authority shall
be established, fixed or revised unless the authority shall have held a
public hearing at which the users of the facilities of, or services
rendered by, the authority together with the owners of property served
or to be served and others interested have had the opportunity to be
heard concerning the same. Notice of such public hearing shall be
published by the authority at least ten days before the date set
therefor in at least one newspaper having a general circulation in each
of the counties. 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 hearing. A copy of the notice shall be filed in the

office of the clerk of each of the counties and shall be available for
inspection by the public. At any such hearing, any person shall have an
opportunity to be heard concerning the matters under consideration. Any
decision of the authority on matters considered at any such public
hearing shall be in writing and shall be made available to any such
person in the office of the authority during regular office hours. All
rates, rentals, fees and other charges for the use of the facilities of,
or services rendered by, the authority 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 authority shall prepare and transmit to the respective
legislative body of each county, on or before the first day of December
in each year, a list of those properties within each respective county
for which such services were provided and 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
interests 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 each respective county
treasurer, who immediately shall pay the same over to the treasurer of
the authority. All of the provisions of the tax laws of the state
covering 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.

15. 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.

16. To enter into agreements, in its discretion, to pay annual sums in
lieu of taxes to the counties or any other 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 counties,
municipality, political subdivision or taxing district.

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