2053-E - Powers of the authority.

§ 2053-e. 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.  In selecting the location for  any  real  property  to  be  acquired  or  leased,  the  authority  shall give consideration to the present and any  proposed land use character of the area in which  such  site  is  to  be  located  and  shall  be  subject  to  and exempt from the zoning laws or  regulations, if any, otherwise generally applicable to such area to  the  same  extent  that  the  county is subject to and exempt from the zoning  laws or regulations otherwise generally applicable  to  such  area.  The  authority  shall  not  acquire  or  lease  any interest in real property  except upon compliance with the  procedure  set  forth  in  section  two  thousand fifty-three-f of this title.    4.  To  condemn  in  the name of the authority pursuant to the eminent  domain procedure law, any real property within the county  and  required  by  the authority to carry out the powers granted by this title, subject  to the provisions of section two thousand fifty-three-f of this title.    5. To collect, receive,  transfer,  transport,  process,  dispose  of,  sell,  store,  convey,  recycle,  compost, combust 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  recovered materials, compost or energy  produced  or  generated  by  the  operation  of  any solid waste management facility. Any such disposal or  sale may be effected 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  contract  in  relation  thereto  with municipalities or persons  within or without the county 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,  grant a security interest in,  pledge, encumber, or otherwise dispose of any project or part thereof to  any  person,  municipality  or  public  corporation,  subject  to   such  conditions  and  limitations as the authority may determine to be in the  public interest, and to apply for,  hold  and  perform  its  obligations  under  any  permit,  license, approval, or other legal entitlement which  may be required for its projects, services or exercise of powers.    7. To assist in the planning, development, construction and  operation  of  and the financing of the cost of any solid waste management facility  to be located in the county whether or not such solid  waste  management  facility  is  to be owned 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  county,  any other municipality or public corporation or person, subject  to the limitations of section two thousand fifty-three-f of this  title,  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  recovered materials, compost or energy) of such  process of treatment or disposal, as the authority may deem proper.    9. To contract with the county, other municipalities, state  agencies,  public  corporations  or  persons  within or without the county, for the  purpose of receiving, treating and disposing of solid waste or  for  any  other  purpose  authorized hereunder, including, without limitation, the  power  to  contract  with   municipalities,   state   agencies,   publiccorporations  or  persons  for the delivery of all solid waste generated  within a stated area to a specific solid waste management facility.    10. To make rules, regulations and by-laws pertaining to and governing  the  management and regulation of its affairs and, subject to agreements  with bondholders, the use of  any  project  or  other  property  of  the  authority  and  the  provision  of  any  service by the authority, which  rules,  regulations  and  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  county,  and  to  provide  for  the  enforcement  of  such rules, regulations and  by-laws by legal or equitable proceedings which are or may  be  provided  or  authorized  by  law.  In addition, the county legislature shall have  power to prescribe that violations of specific  rules,  regulations  and  by-laws of the authority shall constitute violations and provide for the  enforcement of violations thereof by civil penalties, including any such  rules,  regulations and by-laws requiring the payment of generator, user  or hauler  fees  by  any  person  in  connection  with  the  service  or  availability  or  service by any facility owned or under contract to the  authority.    11. With the consent of the  county  executive,  to  use  officers  or  employees   of  the  county  and  to  pay  a  property  portion  of  the  compensation or costs for the services for such officers or employees.    12. To make contracts and  to  execute  all  necessary  or  convenient  agreements,   documents   and   instruments,   including   evidences  of  indebtedness, negotiable or non-negotiable.    13. 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.    14. To borrow money and to issue bonds and to fund or refund the same,  and to provide for the right of the holders thereof.    15. To procure insurance, letters of credit, lines of credit, or other  credit enhancement with respect to its bonds or notes issued pursuant to  this title, or facilities for the payment of tenders of  such  bonds  or  notes  or  facilities  for the payment upon maturity of short-term notes  not renewed.    16. To enter into interest rate exchange or similar arrangements  with  any  person  under  such  terms  and  conditions  as  the  authority may  determine including, without limitation, provisions  as  to  default  or  early  termination  and  indemnification  by  the authority or any other  party thereto for loss of benefits as a result thereof.    17. To fix and collect,  as  more  fully  set  forth  in  section  two  thousand  fifty-three-g  of  this  title, rates, rentals, fees and other  charges for the use of the facilities of, or services  provided  by,  or  any  commodities  furnished  by, the authority, and to contract with any  municipality in respect thereto, 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 and  business of the authority and meeting all of its contractual  and  other  obligations,   together   with   proper   reserves   for  debt  service,  depreciation, maintenance and contingencies and  all  other  obligations  and indebtedness of the authority.    18.  To enter into agreements, in its direction, to pay annual sums in  lieu of taxes to any municipality in respect to any real property  which  is  owned  by  the authority and located in such municipality, political  subdivision or taxing district.19. 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.    20.  To  covenant and consent that the interest on any of its bonds or  notes issued pursuant to this  title  shall  be  includible,  under  the  United  States  Internal  Revenue  Code  of  1986,  as  amended,  or any  subsequent corresponding internal revenue law of the United  States,  in  gross  income of the holder of the bonds or notes to the same extent and  in the same manner that the interest on bills,  bonds,  notes  or  other  obligations  of  the  United States is includible in the gross income of  the holders thereof  under  said  Internal  Revenue  Code  or  any  such  subsequent law.    21.  To  act as an agency, as such term is used in section two hundred  fifty-one of the county law.    22. To do all things necessary or convenient to carry out  the  powers  expressly given in this title.