N.Y. Pub. Auth. Law § 1178

Current through 2024 NY Law Chapter 457

Section 1178 - Powers of the authority

The authority shall have power:

1. To prepare or cause to be prepared plans, designs and estimates of costs for the construction of the project, and from time to time to modify such plans, designs or estimates;

2. To construct the project and any additions, betterments and extensions to the facilities of the authority by contract or contracts, or under, through, or by means of its own officers, agents and employees;

3. To have jurisdiction, control, possession and supervision of the existing sewer system and the project; to maintain, operate, reconstruct and improve the same as a comprehensive sewerage system and to make additions, betterments and extensions thereto, and to have all the rights, privileges and jurisdiction necessary or proper for carrying such power into execution. No enumeration of powers in this or any other general, special or local law shall operate to restrict the meaning of this general grant of power or to exclude other powers comprehended within this general grant;

4. To sue and be sued;

5. To have a seal and alter the same at pleasure;

6. To acquire, hold and dispose of personal property for its corporate purposes;

7. To acquire, in the name of the city, by purchase or condemnation, real property or rights or easements therein, necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue;

8. 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 its property and the establishment and collection of rates, rentals and charges;

9. To make contracts and execute all instruments necessary or convenient;

10. To borrow money and to issue negotiable bonds and to provide for the rights of the holders thereof;

11. To fix and collect rates, rentals and other charges for goods or services rendered by the authority, subject to and in accordance with such agreements with holders of bonds as may be made as hereinafter provided;

12. To enter on any lands, water and premises as in the judgment of the authority shall be necessary for the purpose of making borings, samples, surveys, soundings and examinations of any effluent source and to accomplish any purpose authorized by this title;

13. To accept, treat and dispose of the sewage and waste of all municipal corporations in the county of Erie and from any other persons from whatever source derived;

14. To do all things necessary or convenient to carry out the powers expressly given by this title;

15. To establish, adopt, amend or cancel and issue such rules, regulations, permits and orders as it deems necessary, desirable or convenient, for the jurisdiction, control, supervision, possession and use of the facilities and for the administration and enforcement of this title and such rules, regulations, permits and orders applicable to all users;

16. To enforce the rules, regulations, orders and permits of the authority for all users and in the event of non-compliance therewith, the authority may take any enforcement action, as may be established in the authority's rules and regulations or otherwise allowed by this title. The rules, regulations, permits and orders of the authority shall be enforced in jurisdictions outside of the city pursuant to agreements with the county of Erie or the respective sewer districts, municipalities or political subdivisions for effluent sources located therein. In the absence of such agreements, the authority is authorized to enforce its rules, regulations, permits and orders in such jurisdictions located outside the city directly upon users who violate the authority's rules, regulations, permits or orders, where such violations are not discontinued and remedied, to the authority's satisfaction, by the county of Erie or the respective sewer district, municipality or political subdivision wherein such effluent source is located.

N.Y. Pub. Auth. Law § 1178