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This entry was published on 2014-09-22
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Powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 13-I
§ 2051-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;

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.

5. To collect, receive, transport, process, dispose of, sell, store,
convey, recycle 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 energy 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 have the right 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 or otherwise
dispose of any project or part thereof to any person or public
corporation, subject to such conditions and limitations as the authority
may determine to be in the public interest;

7. To assist in the planning, development and construction 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 or operated by the authority, which assistance
may include loans to any person or public corporation. Any such solid
waste facility producing either electricity or shaft horsepower and
useful thermal energy shall constitute a co-generation facility as
defined in subdivision two-a of section two of the public service law;

8. To collect, receive from the United States, the state, the county,
any other municipality or public corporation or person 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
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 including
without limitation to contract with municipalities, state agencies,
public corporations or persons for the delivery of all solid waste
generated within a stated area to a specific solid waste management

10. To make by-laws for the management and regulation of its affairs
and, subject to agreements with bondholders, for the regulation of the
use of any project or other property of the authority, which 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 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 by-laws of the
authority shall constitute offenses or infractions and provide for the
punishment of violations thereof by civil and criminal penalties;

11. With the consent of the chairman of the county legislature, to use
officers or employees of the county and to pay a proper 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
instruments, including evidences of indebtedness, negotiable or

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 rights of the holders thereof;

15. To fix and collect rates, rentals, fees and other charges for the
use of the facilities of, or services rendered by, or any commodities
furnished by, the authority 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 of the
authority, together with proper reserves for debt service, depreciation,
maintenance and contingencies and all other obligations and indebtedness
of the authority;

16. 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

17. To act as an agency, as such term is used in section two hundred
fifty-one of the county law; and

18. To do all things necessary or convenient to carry out the powers
expressly given in this title.