N.Y. Town Law § 221: Solid waste management facilities

§ 221. Solid waste management facilities. 1. Upon the adoption of a

resolution therefor, subject to a permissive referendum, in a town of

the first class, or, upon the adoption of a proposition therefor at a

town election, in a town of the second class, the town board may provide

for the collection, separation, treatment, processing and disposal of

solid waste, as defined in section 27-0701 of the environmental

conservation law, and for that purpose may construct, operate and

maintain solid waste management facilities, as defined in section

27-0701 of the environmental conservation law, acquire the necessary

lands therefor, and purchase, operate and maintain all necessary

appliances appurtenant thereto, including such vehicles as may be

required for such collection, separation, treatment, processing and

disposition. Such town board may also employ such employees as may be

necessary for the maintenance and operation of such facility or

facilities or appurtenant equipment and fix their compensation.

2. In a town which acquires such a facility or facilities, the town

board may contract with any municipality or special district for the

collection, separation, treatment, processing or disposal, by the town

of the solid waste from any other municipality or special district. The

town board may also contract with any corporation, partnership or

individual for the disposal by the town of solid waste accumulated or

collected by such corporation, partnership or individual. The contract

price therefor shall be such sum as shall be fixed by the town board and

the term of such a contract shall be for a period not longer than five

years for a contract involving collection and disposal by means other

than resource recovery, and not longer than twenty-five years for a

contract involving collection and disposal through resource recovery, in

either case subject to renewal from time to time upon such terms as the

town board may determine.

3. Any expenditure approved pursuant to this section shall be paid for

by taxes levied for the fiscal year in which such expenditure is to be

made. However, nothing contained in this section shall be construed to

prevent the financing in whole or in part, pursuant to the local finance

law, of any expenditure enumerated in this section which is not

authorized pursuant to this section.