New York Laws
Title 13-M - Rockland County Solid Waste Management Authority
2053-V - Contracts With Municipalities; Powers of Municipalities.

§ 2053-v. 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,
treatment or disposal of solid waste or for the purchase or use of any
materials, energy, byproducts or residue generated by or resulting from
the operation of any solid waste management facility. Any such contract
to which the authority, the county 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 or
availability of facilities. Any contract to which the authority, the
county and any municipality within 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 and any municipality within the county to pay,
within appropriations available therefor, such amounts as shall be
necessary to assure the continued operation and solvency of the
authority, such payments to be determined and paid in such manner and at
such times as may be provided in such contract or contracts.

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 that the basic responsibility for the
planning and operation of solid waste management facilities remains with
local governments; and further recognizes the county's role as planning
unit under section 27-0107 of the environmental conservation law. 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 county and all other municipalities within the
county 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, treating 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 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 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. 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 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 same meaning as
defined in section two thousand fifty-three-b of this title. Upon the
adoption of any local law, ordinance or regulation pursuant to this

section, the county or municipality shall file with the commissioner of
the department of environmental conservation a verified copy of such
local law, ordinance or regulation; provided, however, that failure to
so file such a local law, ordinance or regulation shall not invalidate
such local law, ordinance or regulation. The foregoing provisions of
this subdivision shall not be construed to limit, alter or abridge the
powers granted to the county under the provisions of chapter five
hundred sixty-nine of the laws of nineteen hundred ninety-one, as
amended.

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
thirty 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.