Sec. 22a-221. (Formerly Sec. 19-524o). Contracts with regard to solid waste management.
Sec. 22a-221. (Formerly Sec. 19-524o). Contracts with regard to solid waste
management. (a) The state, any municipality or any municipal or regional authority
may make contracts for the exercise of its corporate or municipal powers with respect
to the collection, transportation, separation, volume reduction, processing, storage and
disposal of its solid wastes for a period not exceeding thirty years and may pledge its
full faith and credit for the payment of obligations under such contracts.
(b) Any municipality or two or more municipalities may enter into a contract for
the long-term provision of solid waste disposal services. The contract may include, but
not be limited to, (1) the furnishing of municipal solid waste for disposal and (2) payment
of a fee or other charge based on a per cent of actual or projected tonnage of solid waste
delivered at a solid waste facility. The contract may require payments to be made if
services are not provided, except that no payment shall be made after all debt issued by
any of the parties for development and construction of a solid waste facility has been
provided for or paid. The contract shall be binding on a municipality for the full term
of such contract and a municipality shall be obligated to annually appropriate funds or
levy taxes to pay its obligations under such contract.
(c) Any such contract may authorize the creation of a committee consisting of representatives of any municipality that is a party to the contract. Such contract shall set forth
the method of appointment and duties of members of the committee.
(d) The obligation of a municipality to make payments under a contract shall not
constitute bonded indebtedness for the purposes of subsection (b) of section 7-374 or
under any charter provision limiting the amount of indebtedness of the municipality or
the manner in which such indebtedness is authorized. Any such contract shall be valid,
binding and enforceable against the municipality if it is approved by the legislative body
of the municipality, as defined in subsection (m) of section 1-1. A referendum shall not
be required except as provided by section 7-7.
(e) Any such contract may require or authorize the payment by a municipality of
the obligation of another municipality failing to make a payment. The municipality
making such payment may bring an action against the defaulting municipality to recover
the amounts paid and expenses and costs incurred in such action.
(1971, P.A. 845, S. 15; P.A. 84-95, S. 1, 2; P.A. 85-143, S. 2, 3.)
History: Sec. 19-524o transferred to Sec. 22a-221 in 1983; P.A. 84-95 increased the maximum duration of contracts
from 20 to 30 years; P.A. 85-143 amended prior provisions to authorize municipalities to make contracts re solid waste
management, adding references to separation, processing and storage of wastes, and added Subsecs. (b) to (e) detailing
types and contents of contracts and municipalities' responsibilities.
Cited. 17 CA 17; judgment reversed, see 212 C. 570.