New York Laws
Title 13-FF - Oneida-Herkimer Solid Waste Management Authority
2049-TT - Pledge by Counties; Contracts With Municipalities; Powers of Municipalities.

§ 2049-tt. Pledge by counties; contracts with municipalities; powers
of municipalities. 1. The counties are hereby authorized to pledge to
and agree with the holders of any bonds that the counties will not limit
or impair the rights hereby vested in the authority to purchase,
construct, own and operate, maintain, repair, improve, increase,
enlarge, extend, reconstruct, renovate, rehabilitate or dispose of any
project, or any part or parts thereof, for which bonds of the authority
shall have been issued, to establish and collect rates, rents, fees and
other charges referred to in this title and to fulfill the terms of any
agreements made with the holders of the bonds or with any public
corporation or person with reference to such project or part thereof, or
in any way impair the rights and remedies of the bondholders, until the
bonds, together with interest thereon, including interest on any unpaid
installments of interest, and all costs and expenses in connection with
any action or proceeding by or on behalf of the bondholders are fully
met and discharged.

2. The counties and one or more municipalities within the area of
operation, or the authority and the counties, shall have power to
contract from time to time between or among themselves, or among
themselves and with the authority, in relation to the collecting,
receiving, transporting, storage, processing or disposal of recyclables
and/or solid waste or for the purchase or use of any materials, energy,
by-products or residue generated by or resulting from the operation of
any solid waste management-resource recovery facility. Any such contract
to which the authority, the counties or any municipality within the area
of operation are parties may include provisions stipulating the minimum
and/or maximum rates, rentals, fees and other charges to be collected
for the use and availability of facilities. Any contract may also
include provisions: (a) requiring any such county or municipality to
deliver, or cause to be delivered, periodically to a specified facility
or facilities all or any portion of the solid waste generated,
originated or brought within such county or municipality or minimum
amounts of solid waste and providing for specified minimum periodic
payments whether or not such delivery of any such solid-waste is made;
(b) reserving to any such county or municipality, and granting by the
authority to any such county or municipality, a portion of or the
entirety of the capacity of a solid waste management-resource recovery
facility as any such county or municipality determines is reasonably
necessary to meet its present and reasonably anticipated needs and
providing for specified minimum periodic payments in consideration
thereof, or (c) requiring the counties to pay such amounts as shall be
necessary to assure the continued operation and solvency of the
authority, all such payments to be determined and paid in such manner
and at such times as may be provided in such contract.

3. To further the governmental and public purposes of the authority,
including the implementation of any contract or proposed contract
contemplated by this title, and in recognition of the public policy of
the state in the area of the control and management of solid waste and
solid waste disposal activities to displace competition with regulation
or monopoly public control, the counties and all other municipalities
within the area of operation, as instrumentalities of the state, shall
have the power to adopt and amend local laws, ordinances and regulations
imposing appropriate and reasonable limitations on competition with
respect to collecting, receiving, transporting, delivering, storing,
processing and disposing of solid waste or the recovery by any means of
any material or energy product or resource therefrom, including, without
limiting the generality of the foregoing, local laws requiring that all
solid waste generated, originated or brought within their respective

boundaries, subject to such exceptions as may be determined to be in the
public interest, shall be delivered to a specified solid waste
management-resource recovery facility; provided, however, that any such
local law, ordinance or regulation enacted by the counties shall take
precedence over and shall supersede any inconsistent provisions of any
such local law, ordinance or regulation enacted by any other
municipality within the area of operation. Any such local law shall be
adopted in accordance with the procedure provided by the municipal home
rule law, except that no such local law shall be subject to either
mandatory or permissive referendum. Any such local law may include
provisions for the enforcement thereof and penalties for the violation
thereof, which may provide, but shall not be limited to providing, that
any violation of a local law shall constitute an offense or infraction,
and may provide that any violation may be punished by civil penalty,
fine or other monetary charge, and/or, the suspension or revocation of
permits or licenses granted by any other jurisdiction with respect to
the collecting, receiving, transporting, delivery or storing of solid
waste. For the purposes of this section, solid waste shall have the
meaning set forth in subdivision fifteen of section two thousand
forty-nine-bb of this title, but shall not include any scrap or other
material of value separated from the waste stream and held for purposes
of materials recycling. Upon the adoption of any local law, ordinance or
regulation pursuant to this section, the counties or other municipality
shall file a verified copy of such local law, ordinance or regulation
with the commissioner of the department of environmental conservation;
provided, however, that the failure to so file such a local law,
ordinance or regulation shall not invalidate such local law, ordinance
or regulation. Upon the adoption or amendment of any local law or
ordinance pursuant to section one hundred twenty-aa of the general
municipal law, either or both counties, by their respective legislative
body, is authorized and empowered to delegate and assign to the
authority, in whole or in part, by contract and on such terms as the
parties may agree, the administration and implementation of the source
separation and recycling program. Such delegation and assignment powers
should be in addition to any other contracting powers and authority the
counties may have under this section.

4. The counties are hereby authorized to resell or otherwise dispose
of all or any part of the materials, energy, by-products or residue
purchased from the authority pursuant to this section. Any resale of or
other disposition may be made in such manner as the counties may deem
proper and upon such terms and conditions as may be agreed upon by the
parties thereto.

5. The counties and all other municipalities within the area of
operation shall have power to perform such other acts, to enter into
such other contracts, including contracts between or among themselves,
execute such instruments and to undertake such future proceedings as
shall be determined necessary or desirable to effectuate the purpose of
this title, including the making of gifts, grants, loans or
contributions to the authority.

6. Any contract entered into by the counties or other municipality
pursuant to this section may be for such term or duration, not to exceed
twenty-five years, as may be agreed upon by the parties thereto.

7. Any contract entered into pursuant to this section to which the
authority shall be a party may be pledged by the authority as security
for any issue of bonds, and may be assigned, in whole or in part, by the
authority, to any public corporation or person which shall construct,
purchase, lease or otherwise acquire any solid waste management-resource

recovery facility, or part thereof, financed in whole or in part by the
authority.