2006 New York Code - Powers Of The Agency.

 
    § 2045-e. Powers of the agency. The agency 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 agency, hold, sell, lease, mortgage
  or otherwise dispose of  property,  real,  personal  or  mixed,  or  any
  interest  therein,  without  limitation,  for  its  corporate  purposes;
  provided, however, that (i) the agency  shall  not  have  the  power  of
  eminent  domain, (ii) the acquisition by the agency of any real property
  designated as the site for  any  facility  shall  be  subject  to  prior
  approval  by the county legislature, and (iii) in selecting the location
  for any such site the agency shall give consideration to the present and
  any proposed land use character of the area in which such site is to  be
  located  and the zoning laws or regulations, if any, otherwise generally
  applicable to such area;
    4. To receive, 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 agency 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
  municipalities or persons within or without the county and  to  own  and
  operate,  maintain,  repair,  improve, reconstruct, enlarge, and extend,
  subject to the provisions of this title, any of its projects acquired or
  constructed under this title, and to sell, lease, mortgage or  otherwise
  dispose  of  any  project  or  part  thereof  to  any  person  or public
  corporation, subject to such conditions and limitations  as  the  agency
  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 solid  waste  management-resource  recovery
  facility  to  be  located  in the county whether or not such solid waste
  management-resource recovery facility is to be owned or operated by  the
  agency,  which  assistance  may  include  loans  to any person or public
  corporation. Any such solid waste management-resource recovery  facility
  producing  either  electricity  or  shaft  horsepower and useful thermal
  energy  shall  constitute  a  co-generation  facility  as   defined   in
  subdivision two-a of section two of the public service law;
    7. To receive from the United States, the state, the county, any other
  municipality  or  public  corporation  or  person,  solid  waste for the
  purpose of treatment or disposal thereof, with the right of  the  agency
  to sell and dispose of any products or by-products (including energy) of
  such process of treatment or disposal, as the agency may deem proper;
    8.  To contract with the county, other municipalities, state agencies,
  public corporations or persons within or without  the  county,  for  the
  purpose  of  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 agency,  which  by-laws  and
  all  amendments  thereto, duly certified by the secretary of the agency,
  shall be filed in the office of the agency and  in  the  office  of  the
  clerk  of the county, 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 county legislature shall have power
  to prescribe that violations of specific by-laws  of  the  agency  shall
  constitute  offenses  or  infractions  and provide for the punishment of
  violations thereof by civil penalty;
    10.  With  the  consent  of  the  county executive, to use officers or
  employees of the county and to pay a proper portion of the  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, with the consent of the county executive, on any lands,
  waterways and premises for the purpose of making surveys, soundings, and
  examinations, and liability therefor shall not exceed actual damages;
    13. To borrow money and to issue bonds and to fund 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 forty-five-t of this title, to
  determine  classification  of  users,  to  fix  and  collect,  including
  directly  from  service  recipients,  including  owners of real property
  within the county from whom waste  is  disposed  at  agency  facilities,
  rates, rentals, fees and other charges for the use of the facilities of,
  or  services  rendered  by, or any commodities furnished by, the agency,
  which rates, rentals, fees and other charges may be different  for  each
  classification  of  users  and may reflect the source and composition of
  solid waste and may provide for fee reductions to the user in proportion
  to waste generated or to  reflect  participation  in  source  separation
  programs, and to contract with any municipality in the county 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  agency,  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 agency, together with
  proper  reserves  for  debt  service,  depreciation,   maintenance   and
  contingencies  and all other obligations and indebtedness of the agency.
  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 contract, lease, service agreement, classification  of
  user, rate, rental, fee or other charge, the agency shall not enter into
  such  contract,  lease,  service agreement, or establish, fix, or revise
  any classification of user, rate, rental, fee or other charge unless and
  until the agency 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 contract, lease, service agreement,  classification  of  user,
  rate,  rental,  fee or other charge, the agency shall not be required to
  hold a public hearing. Notice of 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 filed in the office of the clerk of the  county  and
  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 agency at such
  public hearing shall be in writing and be made available in  the  office
  of  the  agency  for  public inspection during regular office hours. All
  rates, rentals, fees and other charges for the use of the facilities of,
  or services rendered by, the agency and billed directly by the agency to
  the service recipient pursuant to a classification of users  adopted  by
  the  agency  as  herein  provided shall be a lien upon the real property
  upon which, or in connection with which, services were provided, 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
  agency  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 for which
  such  services  were  provided  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  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
  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 heading "solid waste disposal  charge".
  Such  amounts,  when  collected  by  the several municipal collectors or
  receivers of taxes, shall be paid over to the treasurer of  the  agency.
  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  agency  to  collect  and  be
  responsible  for the collection of, on behalf of the agency, any overdue
  or  delinquent  rates,  rentals,  fees  or  other   charges   and   such
  municipality  shall  have  the  power to pay directly to the agency such
  overdue or delinquent rates, rentals, fees and other charges whether  or
  not  they  are  actually  collected  from the service recipients of such
  municipality. The legislative body of  any  such  municipality  entering
  into such an agreement with the agency on or after the effective date of
  this  subdivision,  shall  be  required  prior  to entering into such an
  agreement, to provide notice of, and convene a public hearing on such an
  agreement under the same terms  and  conditions  of  public  notice  and
  hearing required of the agency pursuant to this subdivision.
    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.  Except  as  may  be
  otherwise expressly permitted under this title, any such rates, rentals,
  fees  and  other charges shall be fixed without discrimination among the
  municipalities within the county entering into contracts with the county
  pursuant to section two thousand forty-five-t of this title on or before
  the first date on which the county  enters  into  a  contract  with  the
  agency  pursuant to paragraph (i) of subdivision two of such section two
  thousand forty-five-t of this title. The agency shall in  no  event  fix
  any  such  rates,  rentals,  fees  or  other  charges  with  respect  to
  municipalities entering into such contracts with the  county  subsequent
  to  such  date  in  amounts  less  than  those  fixed  with  respect  to
  municipalities entering into such contracts with the county on or before
  such date;
    15. To accept gifts, grants, loans or contributions  from  the  United
  States, the state or any agency 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 agency; and
    16. To make payments to, and  settle  claims  asserted  by  owners  of
  property  in proximity to and adversely affected by, landfill facilities
  of the agency in order to compensate such owners in whole or in part for
  diminution of the value of their property, if  any,  directly  resulting
  from  the  siting  of  the  agency  landfill  facility or the activities
  undertaken  therein.  The  amount  and  manner of such payments shall be
  determined by resolution of the agency,  and  shall  be  based  on  real
  estate  market  studies and/or appraisals undertaken at the direction of
  the agency, in such form and substance satisfactory to the  agency.  The
  agency   shall   establish  rules  and  regulations  setting  forth  the
  specifications pursuant to  which  real  estate  market  studies  and/or
  appraisals  shall  be  conducted and such other rules and regulations as
  may be necessary to effectuate the purposes of  this  subdivision.  Such
  rules  and  regulations  shall  include  a requirement that all property
  owners requesting payments in accordance therewith  must  file  a  claim
  with  the  agency  by  a date specified by the agency. Any payments made
  pursuant to the provisions of this subdivision  shall  be  considered  a
  cost  of  the  agency  in the computation of rates, fees, and charges in
  accordance with subdivision fourteen of this section.
    17. To do all things necessary or convenient to carry out  the  powers
  expressly given in this title.