2745 - Special powers of participating counties and municipalities.
§ 2745. Special powers of participating counties and municipalities. 1. The participating counties and one or more municipalities within the area of operation, or the authority and the participating counties, shall have power to contract from time to time between or among themselves, or among themselves and with the authority, in relation to the collecting, receiving, transporting, storage, processing or disposal of solid waste or for the purchase or use of any materials, energy, by-products or residue generated by or resulting from the operation of any facility. Any such contract to which the authority, or any participating county, or any municipality within the area of operation, are parties may include provisions stipulating the minimum or maximum rates, rentals, fees and other charges to be collected for the use and availability of facilities. Any such contract may also include provisions in connection with a facility obligating such participating county or municipality to deliver or cause to be delivered, periodically to a specified facility or facilities, all or any portion of the solid waste generated in such participating county or municipality for processing or disposal and to make periodic payments for such processing or disposal whether or not delivery of any such solid waste shall be made, subject only to such exceptions, terms and conditions as may be provided therein. To further the governmental and public purposes of the authority, including the implementation of any contract or proposed contract contemplated by this title, any participating county shall have power to adopt and amend local laws imposing appropriate and reasonable limitations on competition including local laws requiring that all solid waste generated or originated within their respective boundaries or portions thereof, subject to such exceptions as may be determined to be in the public interest, shall be delivered to a specified facility or facilities. Such local law, ordinance, or regulation shall provide, however, that the county or municipality will not act in a manner, nor enter into any contract, that would interfere or have the effect of interfering with the implementation of on-going or proposed or reasonably anticipated future solid waste volume reduction programs, including but not limited to source separation, recycling programs, changes to the packaging portion of the waste stream to reduce solid waste generation, and the activities and enterprises of scrap dealers, processors and consumers, and shall also provide for the maximum opportunity for the reclamation and recovery of materials. For purposes of this subdivision, such volume reduction programs shall not include the processing of waste for incineration or disposal by other means. 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. 2. Each participating county is authorized to resell or otherwise dispose of all or any part of the materials, energy, by-products or residue purchased, received or obtained from the authority pursuant to subdivision one of this section. Any resale or other disposition may be made in such manner as each participating county may deem proper and upon such terms and conditions as may be agreed upon by the parties thereto. 3. Each participating county and all other municipalities within the area of operation 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.4. Any contract entered into by a municipality in connection with, or in any manner relating to, any project or facility pursuant to this section may be for such term or duration, not to exceed twenty-five years, as may be agreed upon by the parties thereto. 5. 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 facility, or part thereof, financed in whole or in part by the authority.