New York Laws
Title 13-I - County of Franklin Solid Waste Management Authority
2051-T - Contracts With Municipalities; Powers of Municipalities.

§ 2051-t. Contracts with municipalities; powers of municipalities. 1.
The county and one or more municipalities within the county, or the
authority and the county, shall have power to contract from time to time
between or among themselves, or among themselves and with the authority,
in relation to the receiving, transporting, storage, processing or
disposal of 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 facility. Any such contract to
which the authority and any municipality within the county are parties
may include provisions stipulating the maximum rates, rentals, fees and
other charges to be collected for the use of facilities. Any contract to
which the authority and the county are parties may include provisions
(i) requiring the periodic delivery to the particular facilities of
minimum amounts of solid waste and providing for specified minimum
period payments whether or not such delivery is made, or (ii) requiring
the county to pay, within appropriations available therefor, such
amounts as shall be necessary to assure the continued operation and
solvency of the agency, such payments to be determined and paid in such
manner and at such times as may be provided in such contract.

2. In recognition of existing state policy, as declared in title one
of article twenty-seven of the environmental conservation law, the
legislature hereby affirms the primacy of the local and regional role in
resource recovery procedures. To further the governmental and public
purposes of the authority, including the implementation of any contract
or proposed contract contemplated by this title, the county and all
other municipalities within the county shall have 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, and shall further have the power to adopt
and amend local law 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 facility or facilities; provided however, that
any such local law enacted by the county shall take precedence over and
shall supersede any inconsistent provisions of any such local law
enacted by a municipality with the county. 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. For the purposes of this section,
solid waste shall have the same meaning as defined in section two
thousand fifty-one-b 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 participating
county or municipality shall file with the commissioner of the
department of environmental conservation a verified copy of such local
law, ordinance or regulation.

3. The county is 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 subdivision one of this
section. Any resale or other disposition may be made in such manner as
the county may deem proper and upon such terms and conditions as may be
agreed upon by the parties thereto.

4. The county and all other municipalities within the county 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.

5. Except as otherwise provided by section one hundred twenty-w of the
general municipal law, any contract entered into by a 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.

6. 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
facility, or part thereof, financed in whole or in part by the
authority.