2729 - Powers of the authority.
§ 2729. 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 area of operation and required by the authority to carry out the powers granted by this title, provided that condemnation of any real property shall require the consent of the legislative body of the participating county where such real property is located. 5. To collect, receive, extract, 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-resource recovery 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, purchase 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 area of operation and to own and operate, maintain, repair, improve, reconstruct, renovate, rehabilitate, replace, enlarge, increase and extend, subject to the provisions of this title, any of its projects acquired or constructed under this title, and to enter into contracts for any and all such purposes and for the management and operation of a project, and to sell, lease, mortgage or otherwise dispose of any project or part thereof to the state, any person, public corporation, or municipality, 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 facility to be located in the area of operation whether or not such facility is to be owned or operated by the authority, which assistance may include loans to any person or municipality. 8. To collect or receive from the United States, the state, any participating 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 any participating county, other municipalities, state agencies, public corporations or persons within or without the area of operation, for the purpose of collecting, receiving, treating and disposing of solid waste, including, without limitation, to contract with participating counties, other municipalities, state agencies, public corporations or persons for the delivery of all solid waste generated within a stated area to a specific facility. 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 legislative body of each participating county, and to provide for the enforcement of such by-laws by legal or equitable actions or proceedings which are or may be provided or authorized by law. In addition, the legislative bodies shall have powerto prescribe that violations of specific by-laws of the authority, including, without limitation, any failure to comply with any by-law requiring the payment of any fee or other charge by any person in connection with the delivery of solid waste to any facility or any other use of any facility by such person, shall constitute offenses or infractions and provide for the punishment of violations thereof. 11. With the consent of the chairman of the legislative body of a participating county, to use officers or employees of such participating 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 non-negotiable. 13. To enter on any lands, waterways or premises within the area of operation 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 for any of its corporate purposes, to secure the same with its revenues or other funds, to fund or refund the same, and to provide for the rights of the holders thereof. 15. Subject to any limitations imposed by any contract pursuant to subdivision one of section twenty-seven hundred forty-five of this title, 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 and to contract with any participating county, other municipality or person in respect thereof, 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, provided, however, that the authority shall not have the power, within any city, to collect rentals, charges, rates or fees from the owners of real estate, or the occupants of real estate (other than the occupants of premises owned or controlled by the authority, or by the state or any civil division thereof), for services or facilities furnished or supplied in connection with such real estate, if such services or facilities are of a character or nature that, as of the effective date of this act, are or formerly were furnished or supplied by the city, unless the electors of the city shall approve the granting to the authority of such powers by a majority vote at a general or special election in the city. 16. To accept gifts, grants, loans or contributions from the United States, the state or any authority or instrumentality of either of them, or any municipality or from any person, by bequest or otherwise, and to expend the proceeds for any corporate purposes of the authority. 17. To enter into agreements, in its discretion, to pay annual sums in lieu of taxes to any municipality, political subdivision or taxing district of the state in respect to any real property which is owned by the authority and located in such municipality, political subdivision or taxing district. 18. To do all things necessary or convenient to carry out the powers expressly given in this title.