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This entry was published on 2014-09-22
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SECTION 221
Solid waste management facilities
Town (TWN) CHAPTER 62, ARTICLE 14
§ 221. Solid waste management facilities. 1. Upon the adoption of a
resolution therefor, subject to a permissive referendum, in a town of
the first class, or, upon the adoption of a proposition therefor at a
town election, in a town of the second class, the town board may provide
for the collection, separation, treatment, processing and disposal of
solid waste, as defined in section 27-0701 of the environmental
conservation law, and for that purpose may construct, operate and
maintain solid waste management facilities, as defined in section
27-0701 of the environmental conservation law, acquire the necessary
lands therefor, and purchase, operate and maintain all necessary
appliances appurtenant thereto, including such vehicles as may be
required for such collection, separation, treatment, processing and
disposition. Such town board may also employ such employees as may be
necessary for the maintenance and operation of such facility or
facilities or appurtenant equipment and fix their compensation.

2. In a town which acquires such a facility or facilities, the town
board may contract with any municipality or special district for the
collection, separation, treatment, processing or disposal, by the town
of the solid waste from any other municipality or special district. The
town board may also contract with any corporation, partnership or
individual for the disposal by the town of solid waste accumulated or
collected by such corporation, partnership or individual. The contract
price therefor shall be such sum as shall be fixed by the town board and
the term of such a contract shall be for a period not longer than five
years for a contract involving collection and disposal by means other
than resource recovery, and not longer than twenty-five years for a
contract involving collection and disposal through resource recovery, in
either case subject to renewal from time to time upon such terms as the
town board may determine.

3. Any expenditure approved pursuant to this section shall be paid for
by taxes levied for the fiscal year in which such expenditure is to be
made. However, nothing contained in this section shall be construed to
prevent the financing in whole or in part, pursuant to the local finance
law, of any expenditure enumerated in this section which is not
authorized pursuant to this section.