19-9-105 - Powers of authority.
19-9-105. Powers of authority.
The authority is a body corporate and politic that may:
(1) sue and be sued in its own name;
(2) have a seal and alter the seal at will;
(3) borrow money and issue obligations, including refunding obligations, and provide forthe rights of holders of those obligations;
(4) establish hazardous waste treatment, disposal, or storage surcharge schedules forfacilities operated by, or under authority of, the authority, and require all private facility operatorswho contract with the authority to collect fees for all hazardous waste received for treatment,disposal, or storage by those private facilities;
(5) promulgate rules pursuant to Title 63G, Chapter 3, Utah Administrative RulemakingAct, governing the exercise of its powers and fulfillment of its purposes;
(6) enter into contracts and leases and execute all instruments necessary, convenient, ordesirable;
(7) acquire, purchase, hold, lease, use, or dispose of any property or any interest inproperty that is necessary, convenient, or desirable to carry out the purposes of this chapter, andsell, lease, transfer, and dispose of any property or interest in property at any time required in theexercise of its power, including, but not limited to, the sale, transfer, or disposal of any materials,substances, or sources or forms of energy derived from any activity engaged in by the authority;
(8) contract with experts, advisers, consultants, and agents for needed services;
(9) appoint officers and employees required for the performance of its duties, and fix anddetermine their qualifications and duties;
(10) make, or contract for, plans, surveys, and studies necessary, convenient, or desirableto effectuate its purposes and powers and prepare any recommendations with respect to thoseplans, surveys, or studies;
(11) receive and accept aid or contributions from any source, including the United Statesor the state, in the form of money, property, labor, or other things of value to be held, used, andapplied to carry out the purposes of this chapter, subject to the conditions imposed upon that aidor contributions consistent with this chapter;
(12) enter into agreements with any department, agency, or instrumentality of the UnitedStates or this state, or any financial institution, or contractor for the purpose of leasing andoperating any facility;
(13) consent to the modification of any obligation with the holder of that obligation, tothe extent permitted by the obligation, relating to rates of interest or to the time and payment ofany installment of principal or interest, or to the modification of any other contract, mortgage,mortgage loan, mortgage loan commitment, or agreement of any kind to which it is a party;
(14) pledge revenues from any hazardous waste treatment, disposal, and storage facilityto secure payment of any obligations relating to that facility, including interest on, andredemption of, those obligations;
(15) execute or cause to be executed, mortgages, trust deeds, indentures, pledgeagreements, assignments, security agreements, and financing statements that encumber propertyacquired, constructed, reconstructed, renovated, or repaired with the proceeds from the sale ofsuch obligations;
(16) exercise the power of eminent domain;
(17) do all other things necessary to comply with the requirements of 42 U.S.C. Sections
6901-6986, the Resource Conservation and Recovery Act of 1976, and this part;
(18) contract for the construction, operation, and maintenance of hazardous wastetreatment, storage, and disposal facilities, including plants, works, instrumentalities, or partsthereof, for the collection, conveyance, treatment, exchange, storage, and disposal of hazardouswaste, subject to approval by the board; and
(19) exercise any other powers or duties necessary or appropriate to carry out andeffectuate this chapter.
Amended by Chapter 382, 2008 General Session