New York Laws
Title 13-M - Rockland County Solid Waste Management Authority
2053-G - Charges by the Authority; Method of Collection.

§ 2053-g. Charges by the authority; method of collection. 1. The
authority may fix and collect, on any equitable basis, rates, rentals,
fees and other charges for the use of facilities of or services or
commodities provided by the authority or any subsidiary, including the
availability of any of the foregoing from the authority. Such rates,
rentals, fees and other charges may be fixed and collected from any
person to whom such facilities, services or commodities are provided by
or made available from the authority, including generators of solid
waste and owners of real property upon which solid waste is generated.
Such rates, rentals, fees and other charges may be the same or different
for each classification of user or service recipient and may, by way of
example, reflect the source and composition of solid waste and may
provide for fee reductions to the users or service recipients in
proportion to waste generated or to reflect participation in source
separation programs. In any instance where the county is or would be
required by law, with respect to solid waste management, to conduct a
public hearing in connection with a user or rate, rental, fee or other
charge, the authority shall not establish, fix, or revise any
classification of user or service recipient, rate, rental, fee or other
charge unless and until the authority has held a public hearing at which
interested persons have had an opportunity to be heard concerning the
same; provided however, that if the county has conducted a public
hearing in connection with such rate, rental, fee or other charge, the
authority shall not be required to hold a public hearing. Notice of any
such public hearing shall be published at least ten days before the date
set therefor, in at least one newspaper of general circulation in the
county. 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 meeting. A copy of the notice shall be available for
inspection by the public. At any such hearing, any interested persons
shall have an opportunity to be heard concerning the matters under
consideration. Any decision by the authority at such public hearing
shall be in writing and be made available in the office of the authority
for public inspection during regular office hours.

2. All rates, rentals, fees and other charges for the use of the
facilities of, or services provided or made available by, the authority
and billed directly by the authority to the user or service recipient
pursuant to a classification of users or service recipients adopted by
the authority as herein provided shall be a lien upon the real property
upon which, or in connection with which, services are provided or made
available, 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 municipality, on or before the first day of
December in each year, a list of those properties within each respective
municipality using such facilities or for which such services were
provided or made available and from 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 such properties, the names of the persons or corporations
liable to pay for the same, and the amount chargeable to each, including
penalties and interest 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 headings "solid waste
disposal charge" and "animal management charge", as appropriate. Such

amounts, when collected by the several municipal collectors or receivers
of taxes, shall be paid over to the treasurer of the authority.
Alternatively, the legislative body of any municipality which provides
solid waste collection service to all or a portion of the properties
within its boundaries using municipally owned and operated collection
vehicles may execute an agreement with the authority to collect and be
responsible for the collection of, on behalf of the authority, any
overdue or delinquent rates, rentals, fees or other charges and such
municipality shall have the power to pay directly to the authority such
overdue or delinquent rates, rentals, fees and other charges whether or
not they are actually collected from the users or service recipients of
such municipality. All of the provisions of the tax law of the state
governing 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.