Sec. 22a-275. (Formerly Sec. 19-524hh). Municipal and regional authorities.
Sec. 22a-275. (Formerly Sec. 19-524hh). Municipal and regional authorities.
(a) The authority shall have the power to purchase, in accordance with the requirements
of the state solid waste management plan, at such costs or prices as are mutually deemed
agreeable by the authority and the seller, any solid waste disposal facility, volume reduction plant or solid waste disposal areas owned by a municipality or regional authority
or by a person and to own and operate such facilities and plants when and as deemed
necessary, convenient or desirable, by the authority, and in accordance with the state
plan, to carry out its purposes in accordance with this chapter; it may alter, reconstruct,
improve, enlarge or extend any such facility, plant or disposal area at its own discretion
to carry out the requirements of the state solid waste management plan; it may contract
to plan, design, finance, construct and operate and maintain any solid waste management
project, processing facility or disposal area on behalf of a municipal or regional authority,
in accordance with such state plans; and may otherwise make the waste management
services and capabilities of authority projects available by contract to any municipal or
regional authority or private person or institution at reasonable fees or charges to be
established by the authority for such services.
(b) Any municipal or regional authority having a solid waste management plan that
is required, pursuant to the provisions of chapter 446b, to be in conformity with the state
solid waste management plan, and which municipal or regional plan provides that the
disposition of the solid wastes of said municipality or region shall be accomplished
through the use of state or regional facilities providing adequate resources recovery and
large-scale waste disposal processing, is hereby authorized to enter into a long-term
contract for such services with the authority, to pay any reasonable fees and charges
established by the authority for such services, and, further, to pledge the full faith and
credit of the municipal or regional authority for the payment of such fees and charges.
(c) Prior to negotiating any such contract with a municipal or regional authority, the
authority shall adopt procedures governing such contract negotiations and contracting
processes in accordance with subsection (d) of this section. Such procedures shall include but not be limited to (1) specific procedures for resolving impasses, disputes
or other controversies that may arise during contract negotiations and (2) such other
information, standards, analyses and procedures as will facilitate the negotiation and
establishment of equitable contracts.
(d) Prior to the adoption, amendment or repeal of any procedure prescribed in subsection (c) of this section, or of any procedure that would adversely affect the operations
or affairs of any municipality or municipal or regional authority, the authority shall
provide notice of and opportunity for a hearing on such intended action in accordance
with subsection (e) of this section. Any municipality or municipal or regional authority
may petition the authority with respect to the promulgation, amendment or repeal of
such procedure, in accordance with a form and procedure prescribed by the authority
for the submission, consideration and disposition of such petition, including adequate
provision for notice and hearing. Within thirty days after the submission of such a petition the directors of the authority shall either deny said petition in writing, stating the
reasons for such denial, or shall order the initiation of proceedings in accordance with
subsection (e) of this section.
(e) In adopting, amending or repealing any procedure referred to in this section, the
directors of the authority shall, at least sixty days prior to the effective date of such
action, pass a resolution expressing their intent to adopt, amend or repeal such procedure,
and shall within ten days cause a copy of such resolution to be printed in one daily and
one weekly newspaper published within the state and the Connecticut Law Journal.
Thereupon, any interested party so desiring may, within thirty days, petition the directors
with respect to such action and offer evidence in support of such petition before a referee
appointed by the chairman. Said referee shall not be an employee of the authority, and
shall report his findings with respect to such petition and evidence to the directors at
least ten days prior to the date established by the directors as the effective date of their
action. Due consideration shall be given to such findings by the directors in determining
their final action with respect to such procedural adoption, amendment or repeal.
(f) Any municipal or regional authority is also authorized hereby to borrow from the
authority such sums of money as may be necessary to establish a solid waste management
project or projects, or a disposal facility, volume reduction plant or disposal area whenever such municipal or regional authority, in accordance with its approved local plan
conforming to the state solid waste management plan, is not required to utilize the
services of a state or regional waste management project for the disposal of its wastes.
Any such loan may be made on the basis of a long-term loan agreement or service
contract between such municipal or regional authority and the solid waste authority,
and as collateral for such loan a municipal or regional authority may pledge its full
faith and credit, or an applicable portion of the charges levied or revenues received for
municipal or regional waste disposal, or both. Any municipal or regional authority is
also hereby authorized to contract with the authority for planning, design, financing,
construction and operation and maintenance services by the authority or by any person
under contract with the authority, of a waste management project, facility or disposal
area to be used to provide for the disposal of wastes and the recovery of resources within
said municipality or region and to contract for any payment in lieu of taxes to be made
with respect to such project, facility or disposal area in accordance with the intentions
and provisions of this chapter and the state solid waste management plan. All required
payments of fees and charges, interest on loans, principal of loans and necessary fees
and assessments related thereto required under any contract or agreement entered into
pursuant to the provisions of this section, are considered expenditures for public purposes by a municipal or regional authority and, notwithstanding the provisions of any
other law, any necessary general or special taxes or cost-sharing or other assessments
may be levied or collected by said municipal or regional authority for the purpose of
making such required payments.
(g) Whenever the authority, by resolution of its board of directors, distributes surplus revenues of the authority to any municipal or regional authority or person who by
virtue of the provisions of the state solid waste management plan or any contract or
agreement with the authority may be entitled to participate in such distribution, such
municipal or regional authority or person is entitled to receive and to have and to hold
the proceeds of such distribution and to use the same for any lawful purpose, including
but not limited to the reduction of local taxes or assessments levied or to be levied for
the purpose of raising revenues to pay authority fees or service charges.
(h) The authority, when performing services on behalf of or providing a waste management project for any municipal or regional authority pursuant to this section, shall
be considered eligible to receive on behalf of such municipal or regional authority any
state grants for which said municipal or regional authority may be ordinarily eligible
under chapter 446d, or any other law, rule or regulation of the state. The proceeds of
any such grant shall be applied by the authority to reduce the costs of the services or
project being provided.
(i) When performing work at the direction of the Department of Environmental
Protection, in furtherance of the objectives of the state solid waste management plan
and pursuant thereto, the authority shall be entitled to receive any state grants or other
assistance to which a municipal or regional authority would be entitled had the work
been performed by such municipal or regional authority.
(j) Notwithstanding the provisions of any local law, ordinance or regulation, the
authority, in carrying out its purposes according to this chapter and in fulfilling the
requirements of the state plan, shall have power to transport or to provide for the transportation of solid wastes and recovered resources anywhere within the state.
(k) Nothing in this chapter shall be deemed or interpreted to preclude or prohibit
state financial assistance to municipal and regional authorities according to the provisions of chapter 446d, or of any other law, rule or regulation of the state relating to solid
waste management planning, solid waste reduction and disposal operations, approved
solid waste disposal facilities and equipment, per capita grants and the distribution of
federal funds for the acquisition and development of lands by municipalities. Such assistance shall be provided to any municipal or regional authority having a solid waste management plan which has been adopted and approved pursuant to chapter 446d, and is
in conformity with the state solid waste management plan, until such time as such municipal or regional authority contracts with the authority for and receives resource recovery
or solid waste processing services.
(P.A. 73-459, S. 19, 26; P.A. 74-330, S. 2, 4; P.A. 76-170, S. 3, 4; P.A. 82-327, S. 8.)
History: P.A. 74-330 deleted requirement that procedures include estimates of solid waste management costs for every
municipality for year July 1, 1972, to June 30, 1973, and provision for updating cost estimates and amending contract
negotiation procedures; P.A. 76-170 gave authorities power to contract for payments in lieu of taxes in Subsec. (f); P.A.
82-327 removed reference to repealed Secs. 7-161 and 7-162 in Subsec. (j); Sec. 19-524hh transferred to Sec. 22a-275
in 1983.
Cited. 218 C. 821.