2053-V - Contracts with municipalities; powers of municipalities.

§  2053-v. Contracts with municipalities; powers of municipalities. 1.  The county and one or more municipalities  within  the  county,  or  the  authority and the county, shall have power to contract from time to time  between or among themselves, or among themselves and with the authority,  in   relation  to  the  receiving,  transporting,  storage,  processing,  treatment or disposal of solid waste or for the purchase or use  of  any  materials,  energy, byproducts or residue generated by or resulting from  the operation of any solid waste management facility.  Any such contract  to which the authority, the  county  and  any  municipality  within  the  county are parties may include provisions stipulating the maximum rates,  rentals,  fees  and  other  charges  to  be  collected  for  the  use or  availability of facilities. Any contract to  which  the  authority,  the  county  and  any  municipality within the county are parties may include  provisions  (i)  requiring  the  periodic  delivery  to  the  particular  facilities of minimum amounts of solid waste and providing for specified  minimum  period  payments  whether or not such delivery is made, or (ii)  requiring the county and any municipality  within  the  county  to  pay,  within  appropriations  available  therefor,  such  amounts  as shall be  necessary  to  assure  the  continued  operation  and  solvency  of  the  authority, such payments to be determined and paid in such manner and at  such times as may be provided in such contract or contracts.    2.  In  recognition of existing state policy, as declared in title one  of article twenty-seven  of  the  environmental  conservation  law,  the  legislature  hereby  affirms  that  the  basic  responsibility  for  the  planning and operation of solid waste management facilities remains with  local governments; and further recognizes the county's role as  planning  unit  under  section  27-0107  of the environmental conservation law. To  further the governmental and public purposes of the authority, including  the implementation of any contract or proposed contract contemplated  by  this  title, and in recognition of the public policy of the state in the  area of the control and  management  of  solid  waste  and  solid  waste  disposal  activities to displace competition with regulation or monopoly  public control, the county  and  all  other  municipalities  within  the  county  shall  have  the 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, treating 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 the county shall take  precedence  over  and  shall  supersede any inconsistent provisions of any such local law enacted by a  municipality  with  the  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. Any such local law may include provisions for the  enforcement thereof and penalties for the violation thereof,  which  may  provide,  but shall not be limited to providing, that any violation of a  local law may be punished by  civil  penalty,  fine  or  other  monetary  charge,  and/or,  the  suspension  or  revocation of permits or licenses  granted by any  other  jurisdiction  with  respect  to  the  collecting,  receiving,  transporting,  delivery  or  storing of solid waste. For the  purposes of this section, solid waste shall have  the  same  meaning  as  defined  in  section  two thousand fifty-three-b of this title. Upon the  adoption of any local law, ordinance  or  regulation  pursuant  to  thissection,  the county or municipality shall file with the commissioner of  the department of environmental conservation a  verified  copy  of  such  local  law,  ordinance or regulation; provided, however, that failure to  so  file  such a local law, ordinance or regulation shall not invalidate  such local law, ordinance or regulation.  The  foregoing  provisions  of  this  subdivision  shall not be construed to limit, alter or abridge the  powers granted to the  county  under  the  provisions  of  chapter  five  hundred  sixty-nine  of  the  laws  of  nineteen  hundred ninety-one, as  amended.    3. The county is hereby authorized to resell or otherwise  dispose  of  all  or  any  part  of  the  materials,  energy,  by-products or residue  purchased from  the  authority  pursuant  to  subdivision  one  of  this  section.  Any  resale or other disposition may be made in such manner as  the county may deem proper and upon such terms and conditions as may  be  agreed upon by the parties thereto.    4.  The  county  and  all other municipalities within the county 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  pursuant to this section may be for such term or duration, not to exceed  thirty 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  solid  waste   management  facility,  or  part  thereof,  financed  in  whole  or  in  part  by the  authority.