§ 2041-t. 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.

2. 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 and municipalities
within the area of operation shall have power to adopt and amend local
laws, ordinances and regulations imposing appropriate and reasonable
limitations on competition with respect to collecting, receiving,
transporting, delivering, storing, processing and disposing of solid
waste or the recovery by any means of any material or energy product or
resource therefrom, and shall further have the power to adopt and amend
local laws requiring that all solid waste generated, originated or
brought within their respective boundaries, subject to such exceptions
as may be determined to be in the public interest, shall be delivered to
a specified facility or facilities; provided, however, that any such
local law enacted by a participating county shall take precedence over
and shall supersede any inconsistent provisions of any such local law
enacted by a municipality within that participating county. 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. For the purposes
of this section, solid waste shall have the same meaning as defined in
section two thousand forty-one-a of this title, but shall not include
any scrap or other material of value separated from the waste stream and
held for purposes of materials recycling. Upon the adoption of any local
law, ordinance or regulation pursuant to this section, the participating
county or municipality shall file with the commissioner of the
department of environmental conservation a verified copy of such local
law, ordinance or regulation.

3. 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.

4. 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.

5. Except as otherwise provided by section one hundred twenty-w of the
general municipal law, 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.

6. 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.

7. Any contract, lease or agreement entered into by the authority
pursuant to this title and which provides for the construction of a
facility which combusts solid waste shall provide for the utilization of
Best Available Control Technology to control the environmental impact of
such facility. Such technology may include fabric filtration and dry
scrubbers to control particulate and acid gas emissions. Any facility at
a minimum shall be constructed and operated in compliance with
requirements of the department of environmental conservation. Any such
contract, lease or agreement also shall include but not be limited to
provisions for:

(a) monitoring of emissions for toxic air contaminants or surrogates
thereof where appropriate to determine permit compliance at least twice
during the first year of operation and after any detection of permit
violations, and at least annually thereafter; such monitoring to include
provisions for use of statistically valid sampling procedures in all
monitoring; and

(b) sampling and testing of ash and dust residues at least
semi-annually, pursuant to a method assuring statistical validity, to
determine appropriate disposition or disposal based on relative
toxicity.