§ 2050-t. Pledge by county; contracts with municipalities; powers of
municipalities. 1. The county is hereby authorized to pledge to and
agree with the holders of the bonds that the county will not limit or
impair the rights hereby vested in the agency to purchase, construct,
maintain, operate, repair, improve, increase, enlarge, extend,
reconstruct, renovate, rehabilitate or dispose of any project, or any
part or parts thereof, for which bonds of the agency shall have been
issued, to establish and collect rates, rents, fees and other charges
referred to in this title and to fulfill the terms of any agreements
made with the holders of the bonds or with any public corporation or
person with reference to such project or part thereof, or in any way
impair the rights and remedies of the bondholders, until the bonds,
together with interest thereon, with interest on any unpaid installments
of interest and all costs and expenses in connection with any action or
proceeding by or on behalf of the bondholders are fully met and
discharged.

2. The county and one or more municipalities within the county, or the
agency and the county, shall have power to contract from time to time
between or among themselves, or among themselves and with the agency, 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 solid waste management-resource recovery facility. Any
such contract to which the county and any municipality within the county
are parties may include provisions stipulating the maximum rates,
rentals, fees and other charges to be collected for the use of
facilities. Any contract to which the agency and the county are parties
may include provisions (a) requiring the periodic delivery to the
particular facilities of minimum amounts of solid waste and providing
for specified minimum periodic payments whether or not such delivery is
made subject to such limitations, exceptions and provisions therein or
(b) requiring the county to pay, within appropriations available
therefor, such amounts as shall be necessary to assure the continued
operation and solvency of the agency, such payments to be determined and
paid in such manner and at such times as may be provided in such
contract.

3. To further the governmental and public purposes of the agency,
including the implementation of any contract or proposed contract
contemplated by this title, the county shall have the power to adopt and
amend local laws 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, including, 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 solid waste
management-resource recovery facility; provided, however, that any such
local law enacted by the county shall take precedence over and shall
supersede any inconsistent provisions of any local law enacted by a
municipality within the 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 purposes of this subdivision, solid waste
shall have the meaning specified in 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.

4. The county is hereby authorized to resell or otherwise dispose of
all or any part of the materials, energy, by-products or residue
purchased from the agency pursuant to subdivision two of this section.
Any resale of or other disposition may be made in such manner as the
county may deem proper and upon such terms and conditions as may be
agreed upon by the parties thereto.

5. The county and all other municipalities within the county 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 agency.

6. Except as otherwise provided by section one hundred twenty-w of the
general municipal law, any contract entered into by a municipality
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, except
that any contract relating to or affecting the security of any project
financed in whole or in part by the agency may provide that the same
shall remain in full force and effect as long as the bonds issued for
such project shall remain outstanding or until adequate provision has
been made for the payment or satisfaction thereof.

7. Any contract entered into pursuant to this section to which the
agency shall be a party may be pledged by the agency as security for any
issue of bonds, and may be assigned, in whole or in part, by the agency,
to any public corporation or person which shall construct, purchase,
lease or otherwise acquire any solid waste management-resource recovery
facility, or part thereof, financed in whole or in part by the agency.

8. Any contract, lease or agreement entered into by the agency
pursuant to this title and which provides for the construction of a
facility which combusts solid waste, shall provide for the utilization
of the best available 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.

Any such contract, lease or agreement also may include provisions for
the payment of up to one dollar and twenty-five cents per ton of solid
waste processed at such facility. Such payments shall be apportioned as
follows: one dollar or a portion thereof to such town or city in which
the facility is located; and twenty-five cents or a portion thereof to
such fire district or to such city, for fire protection purposes, in
which such facility is located.