2012 New York Consolidated Laws
PBA - Public Authorities
Article 8 - MISCELLANEOUS AUTHORITIES
Title 13-H - (2050-AA - 2050-YY) EASTERN RENSSELAER COUNTY SOLID WASTE MANAGEMENT AUTHORITY
2050-TT - Pledge by towns; contracts with municipalities; powers of municipalities.

 
    §  2050-tt.  Pledge by towns; contracts with municipalities; powers of
  municipalities. 1. The towns are hereby  authorized  to  pledge  to  and
  agree  with  the  holders  of any bonds that the towns will not limit or
  impair the rights hereby vested in the authority to purchase, construct,
  own and operate, maintain, repair, improve, increase,  enlarge,  extend,
  reconstruct,  renovate,  rehabilitate  or dispose of any project, or any
  part or parts thereof, for which bonds of the authority shall have  been
  issued,  to  establish  and collect rates, rents, fees and other charges
  referred to in this title and to fulfill the  terms  of  any  agreements
  made  with  the  holders  of the bonds or with any public corporation or
  person with reference to such project or part thereof,  or  in  any  way
  impair  the  rights  and  remedies  of the bondholders, until the bonds,
  together  with  interest  thereon,  including  interest  on  any  unpaid
  installments  of interest, and all costs and expenses in connection with
  any action or proceeding by or on behalf of the  bondholders  are  fully
  met and discharged.
    2.  The authority and the towns shall have power to contract from time
  to time in relation to the collecting, 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-resource recovery facility.
  Any such contract to which the authority, the towns or any  municipality
  within  the  area  of  operation  are  parties  may  include  provisions
  stipulating the minimum and/or maximum rates, rentals,  fees  and  other
  charges  to be collected for the use and availability of facilities. Any
  contract may also include provisions:  (a) requiring any  such  town  or
  municipality  to  deliver,  or  cause to be delivered, periodically to a
  specified facility or facilities all or any portion of the  solid  waste
  generated,  originated  or  brought within such town or municipality and
  providing for specified minimum periodic payments whether  or  not  such
  delivery of any such solid-waste is made; (b) reserving to any such town
  or  municipality,  and  granting  by  the  authority to any such town or
  municipality, a portion of or the entirety of the capacity  of  a  solid
  waste   management-resource  recovery  facility  as  any  such  town  or
  municipality determines is reasonably necessary to meet its present  and
  reasonably   anticipated  needs  and  providing  for  specified  minimum
  periodic payments in consideration thereof, or (c) requiring  the  towns
  to  pay  such  amounts  as  shall  be  necessary to assure the continued
  operation and solvency  of  the  authority,  all  such  payments  to  be
  determined  and paid in such manner and at such times as may be provided
  in such contract.
    3. 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  towns  and all other municipalities
  within the area of operation, as instrumentalities of the  state,  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  and disposing of solid waste or the recovery by any means of
  any material or energy product or resource therefrom, including, without
  limiting the generality of the foregoing, 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  solid   waste
  management-resource  recovery facility; provided, however, that any such

  local law, ordinance or regulation  enacted  by  the  towns  shall  take
  precedence  over  and shall supersede any inconsistent provisions of any
  such  local  law,  ordinance  or  regulation  enacted   by   any   other
  municipality  within  the area of operation. 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 shall constitute an offense or infraction,
  and may provide that any violation 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. Upon the adoption of  any  local  law,  ordinance  or  regulation
  pursuant  to  this section, the towns or other municipality shall file a
  verified copy of such  local  law,  ordinance  or  regulation  with  the
  commissioner  of the department of environmental conservation; provided,
  however, that the failure to so file such  a  local  law,  ordinance  or
  regulation shall not invalidate such local law, ordinance or regulation.
  Upon the adoption or amendment of any local law or ordinance pursuant to
  section  one  hundred twenty-aa of the general municipal law, any or all
  of the towns, by their respective legislative body,  is  authorized  and
  empowered  to delegate and assign to the authority, in whole or in part,
  by  contract  and  on  such  terms  as  the  parties  may   agree,   the
  administration and implementation of the source separation and recycling
  program.  Such delegation and assignment powers should be in addition to
  any other contracting powers and authority the towns may have under this
  section.
    For purposes of this subdivision, solid waste shall have  the  meaning
  specified  in  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.
    4.  The  towns are 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 this section. Any resale of or
  other disposition may be made in such  manner  as  the  towns  may  deem
  proper  and  upon such terms and conditions as may be agreed upon by the
  parties thereto.
    5. The towns and all other municipalities within the area of operation
  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.
    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-resource
  recovery  facility, or part thereof, financed in whole or in part by the
  authority.