N.Y. Public Authorities Law § 2041-t: Special powers of participating counties and municipalities

§ 2041-t. Special powers of participating counties and municipalities.

1. The participating counties and one or more municipalities within the

area of operation, or the authority and the participating counties,

shall have power to contract from time to time between or among

themselves, or among themselves and with the authority, 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 facility. Any such contract to which the authority, or any

participating county, or any municipality within the area of operation,

are parties may include provisions stipulating the minimum or maximum

rates, rentals, fees and other charges to be collected for the use and

availability of facilities. Any such contract may also include

provisions in connection with a facility obligating such participating

county 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 in such participating county or municipality for

processing or disposal and to make periodic payments for such processing

or disposal whether or not delivery of any such solid waste shall be

made, subject only to such exceptions, terms and conditions as may be

provided therein.

2. To further the governmental and public purposes of the authority,

including the implementation of any contract or proposed contract

contemplated by this title, any participating county and municipalities

within the area of operation shall have 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, and shall further have the power to adopt and amend

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 facility or facilities; provided, however, that any such

local law enacted by a participating county shall take precedence over

and shall supersede any inconsistent provisions of any such local law

enacted by a municipality within that participating county. 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. For the purposes

of this section, solid waste shall have the same meaning as defined in

section two thousand forty-one-a of 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. Upon the adoption of any local

law, ordinance or regulation pursuant to this section, the participating

county or municipality shall file with the commissioner of the

department of environmental conservation a verified copy of such local

law, ordinance or regulation.

3. Each participating county is authorized to resell or otherwise

dispose of all or any part of the materials, energy, by-products or

residue purchased, received or obtained from the authority pursuant to

subdivision one of this section. Any resale or other disposition may be

made in such manner as each participating county may deem proper and

upon such terms and conditions as may be agreed upon by the parties

thereto.

4. Each participating county 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.

5. Except as otherwise provided by section one hundred twenty-w of the

general municipal law, any contract entered into by a municipality in

connection with, or in any manner relating to, any project or facility

pursuant to this section may be for such term or duration, not to exceed

twenty-five years, as may be agreed upon by the parties thereto.

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 facility, or part thereof,

financed in whole or in part by the authority.

7. Any contract, lease or agreement entered into by the authority

pursuant to this title and which provides for the construction of a

facility which combusts solid waste shall provide for the utilization of

Best Available Control Technology to control the environmental impact of

such facility. Such technology may include fabric filtration and dry

scrubbers to control particulate and acid gas emissions. Any facility at

a minimum shall be constructed and operated in compliance with

requirements of the department of environmental conservation. Any such

contract, lease or agreement also shall include but not be limited to

provisions for:

(a) monitoring of emissions for toxic air contaminants or surrogates

thereof where appropriate to determine permit compliance at least twice

during the first year of operation and after any detection of permit

violations, and at least annually thereafter; such monitoring to include

provisions for use of statistically valid sampling procedures in all

monitoring; and

(b) sampling and testing of ash and dust residues at least

semi-annually, pursuant to a method assuring statistical validity, to

determine appropriate disposition or disposal based on relative

toxicity.