N.Y. Pub. Auth. Law § 2049-D

Current through 2024 NY Law Chapter 678

Section 2049-D - Powers of the authority

The authority 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 authority, hold, sell, lease, mortgage or otherwise dispose of property, real, personal or mixed, or any interest therein, without limitation, for its corporate purposes;

4. To condemn, with the consent of the town board and the supervisor, in the name of the authority, pursuant to the eminent domain procedure law, any real property required by the authority to carry out the powers granted by this title provided that condemnation of any real property not located within the town shall require the consent of the board of the town where such real property is located;

5. To collect, receive, extract, 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 facility on such terms and in such manner as the authority may deem proper;

6. 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 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 authority may determine to be in the public interest;

7. To assist in the planning, development and construction of and the financing of the cost of any facility whether or not such facility is to be owned or operated by the authority, which assistance may include loans to any person or public corporation;

8. To collect or receive from the United States, the state, the town, any other municipality or public corporation or person solid waste for the purpose of treatment or disposal thereof, with the right of the authority to sell and dispose of any products or by-products, including energy, of such process of treatment or disposal, as the authority may deem proper;

9. To contract with the town, other municipalities, state agencies, public corporations or persons, for the purpose of collecting, receiving, treating and disposing of solid waste, including, without limitation, to contract with municipalities, state agencies, public corporations or persons for the delivery of all solid waste generated within a stated area to a specific facility;

10. 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 authority, which by-laws and all amendments thereto, duly certified by the secretary of the authority, shall be filed in the office of the authority and in the office of the clerk of the town, 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 town shall have power to prescribe under the town code that violations of specific by-laws of the authority, including, without limitation, any failure to comply with any by-law requiring the payment of any fee or other charge by any person in connection with the delivery of solid waste to any facility or any other use of any facility by such person, shall constitute offenses or infractions and provide for the punishment of violations thereof by civil and criminal penalties;

11. To make contracts and to execute all necessary or convenient instruments, including evidences of indebtedness, negotiable or non-negotiable;

12. To enter on any lands, waterways or premises for the purpose of making surveys, soundings and examinations, any liability for which 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. To fix and collect rates, rentals, fees and other charges for the use of the facilities of, or services rendered by, or any commodities furnished by, the authority 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 authority, 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 authority, together with proper reserves for debt service, depreciation, maintenance and contingencies and all other obligations and indebtedness of the authority;

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 or public corporation, by bequest or otherwise, and to expend the proceeds for any corporate purposes of the authority; and

16. To do all things necessary or convenient to carry out the powers expressly given in this title.

N.Y. Pub. Auth. Law § 2049-D