N.Y. Public Authorities Law § 2053-g: Charges by the authority; method of collection

§ 2053-g. Charges by the authority; method of collection. 1. The

authority may fix and collect, on any equitable basis, rates, rentals,

fees and other charges for the use of facilities of or services or

commodities provided by the authority, including the availability of any

of the foregoing from the authority. Such rates, rentals, fees and other

charges may be fixed and collected from any person to whom such

facilities, services or commodities are provided by or made available

from the authority, including generators of solid waste and owners of

real property upon which solid waste is generated. Such rates, rentals,

fees and other charges may be the same or different for each

classification of user or service recipient and may, by way of example,

reflect the source and composition of solid waste and may provide for

fee reductions to the users or service recipients in proportion to waste

generated or to reflect participation in source separation programs. In

any instance where the county is or would be required by law, with

respect to solid waste management, to conduct a public hearing in

connection with a user or rate, rental, fee or other charge, the

authority shall not establish, fix, or revise any classification of user

or service recipient, rate, rental, fee or other charge unless and until

the authority has held a public hearing at which interested persons have

had an opportunity to be heard concerning the same; provided however,

that if the county has conducted a public hearing in connection with

such rate, rental, fee or other charge, the authority shall not be

required to hold a public hearing. Notice of any such public hearing

shall be published at least ten days before the date set therefor, in at

least one newspaper of general circulation in the county. Such notice

shall set forth the date, time and place of such hearing and shall

include a brief description of the matters to be considered at such

meeting. A copy of the notice shall be available for inspection by the

public. At any such hearing, any interested persons shall have an

opportunity to be heard concerning the matters under consideration. Any

decision by the authority at such public hearing shall be in writing and

be made available in the office of the authority for public inspection

during regular office hours.

2. All rates, rentals, fees and other charges for the use of the

facilities of, or services provided or made available by, the authority

and billed directly by the authority to the user or service recipient

pursuant to a classification of users or service recipients adopted by

the authority as herein provided shall be a lien upon the real property

upon which, or in connection with which, services are provided or made

available, as and from the first date fixed for payment of such rates,

rentals, fees and other charges. Any such lien shall take precedence

over all other liens or encumbrances, except taxes or assessments. The

treasurer of the authority shall prepare and transmit to the respective

legislative body of each municipality, on or before the first day of

December in each year, a list of those properties within each respective

municipality using such facilities or for which such services were

provided or made available and from which the payment of rates, rentals,

fees and other charges are in arrears for a period of thirty days or

more after the last day fixed for payment of such rates, rentals, fees

and other charges without penalty. The list shall contain a brief

description of such properties, the names of the persons or corporations

liable to pay for the same, and the amount chargeable to each, including

penalties and interest computed to December thirty-first of that year.

Each governing body shall levy such sums against the properties liable

and shall state the amount thereof in a separate column in the annual

tax rolls of the various municipalities under the headings "solid waste

disposal charge" and "animal management charge", as appropriate. Such

amounts, when collected by the several municipal collectors or receivers

of taxes, shall be paid over to the treasurer of the authority.

Alternatively, the legislative body of any municipality which provides

solid waste collection service to all or a portion of the properties

within its boundaries using municipally owned and operated collection

vehicles may execute an agreement with the authority to collect and be

responsible for the collection of, on behalf of the authority, any

overdue or delinquent rates, rentals, fees or other charges and such

municipality shall have the power to pay directly to the authority such

overdue or delinquent rates, rentals, fees and other charges whether or

not they are actually collected from the users or service recipients of

such municipality. All of the provisions of the tax law of the state

governing enforcement and collection of unpaid taxes or assessments for

special improvements not inconsistent herewith shall apply to the

collection of such unpaid rates, rentals, fees and other charges.