New York Laws
Title 13-H - Eastern Rensselaer County Solid Waste Management Authority
2050-EE - Powers of the Authority.

§ 2050-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 within the area of operation, 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. The authority shall not determine to
construct a facility outside of its area of operation without approval
of the solid waste management planning unit (as that term is defined in
section 27-0107 of the environmental conservation law) responsible for
the municipality in which such facility is to be constructed and without
the approval of the chief executive officer and local legislative body
of such municipality. The authority shall not site a solid waste
management-resource recovery facility within an agricultural district
established pursuant to article twenty-five-AA of the agriculture and
markets law.

4. 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 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 towns, 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.

7. To collect or receive from the United States, the state, any county
within the state, the towns, 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.

8. To contract with the towns, 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.

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 towns, 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 of any other
municipality, to use officers or employees of such town 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 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 fifty-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 to contract with the towns 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 towns. 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 towns 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. 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 town, on or before the first day of December in each year, a
list of those properties within each respective town 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 town 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 towns 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 towns,
municipality, political subdivision or taxing district.

17. To covenant and consent that the interest on any of its bonds or
notes issued pursuant to this title shall be includible, under the
United States Internal Revenue Code of 1986, or any subsequent
corresponding internal revenue law of the United States, in gross income
of the holders of the bonds or notes to the same extent and in the same
manner that the interest on bills, bonds, notes or other obligations of
the United States is includible in the gross income of the holders
thereof under said Internal Revenue Code or any such subsequent law.

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