2006 Utah Code - 19-9-105 — Powers of authority.

     19-9-105.   Powers of authority.
     The authority is a body corporate and politic that may:
     (1) sue and be sued in its own name;
     (2) have a seal and alter the seal at will;
     (3) borrow money and issue obligations, including refunding obligations, and provide for the rights of holders of those obligations;
     (4) establish hazardous waste treatment, disposal, or storage surcharge schedules for facilities operated by, or under authority of, the authority, and require all private facility operators who contract with the authority to collect fees for all hazardous waste received for treatment, disposal, or storage by those private facilities;
     (5) promulgate rules pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, governing the exercise of its powers and fulfillment of its purposes;
     (6) enter into contracts and leases and execute all instruments necessary, convenient, or desirable;
     (7) acquire, purchase, hold, lease, use, or dispose of any property or any interest in property that is necessary, convenient, or desirable to carry out the purposes of this chapter, and sell, lease, transfer, and dispose of any property or interest in property at any time required in the exercise of its power, including, but not limited to, the sale, transfer, or disposal of any materials, substances, or sources or forms of energy derived from any activity engaged in by the authority;
     (8) contract with experts, advisers, consultants, and agents for needed services;
     (9) appoint officers and employees required for the performance of its duties, and fix and determine their qualifications and duties;
     (10) make, or contract for, plans, surveys, and studies necessary, convenient, or desirable to effectuate its purposes and powers and prepare any recommendations with respect to those plans, surveys, or studies;
     (11) receive and accept aid or contributions from any source, including the United States or the state, in the form of money, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this chapter, subject to the conditions imposed upon that aid or contributions consistent with this chapter;
     (12) enter into agreements with any department, agency, or instrumentality of the United States or this state, or any financial institution, or contractor for the purpose of leasing and operating any facility;
     (13) consent to the modification of any obligation with the holder of that obligation, to the extent permitted by the obligation, relating to rates of interest or to the time and payment of any installment of principal or interest, or to the modification of any other contract, mortgage, mortgage loan, mortgage loan commitment, or agreement of any kind to which it is a party;
     (14) pledge revenues from any hazardous waste treatment, disposal, and storage facility to secure payment of any obligations relating to that facility, including interest on, and redemption of, those obligations;
     (15) execute or cause to be executed, mortgages, trust deeds, indentures, pledge agreements, assignments, security agreements, and financing statements that encumber property acquired, constructed, reconstructed, renovated, or repaired with the proceeds from the sale of such obligations;
     (16) exercise the power of eminent domain;
     (17) do all other things necessary to comply with the requirements of 42 U.S.C. Sections

6901-6986, the Resource Conservation and Recovery Act of 1976, and this part;
     (18) contract for the construction, operation, and maintenance of hazardous waste treatment, storage, and disposal facilities, including plants, works, instrumentalities, or parts thereof, for the collection, conveyance, treatment, exchange, storage, and disposal of hazardous waste, subject to approval by the board; and
     (19) exercise any other powers or duties necessary or appropriate to carry out and effectuate this chapter.

Renumbered and Amended by Chapter 184, 2003 General Session