§ 2045-e. Powers of the agency. The agency shall have the power:\n 1. To sue and be sued;\n 2. To have a seal and alter the same;\n 3. To acquire in the name of the agency, hold, sell, lease, mortgage\nor otherwise dispose of property, real, personal or mixed, or any\ninterest therein, without limitation, for its corporate purposes;\nprovided, however, that (i) the agency shall not have the power of\neminent domain, (ii) the acquisition by the agency of any real property\ndesignated as the site for any facility shall be subject to prior\napproval by the county legislature, and (iii) in selecting the location\nfor any such site the agency shall give consideration to the present and\nany proposed land use character of the area in which such site is to be\nlocated and the zoning laws or regulations, if any, otherwise generally\napplicable to such area;\n 4. To receive, transport, process, dispose of, sell, store, convey,\nrecycle, and deal with, in any lawful manner and way, solid waste and\nany products or by-products thereof now or hereafter developed or\ndiscovered, including any energy generated by the operation of any solid\nwaste management-resource recovery facility. Any such disposal or sale\nmay be effected on such terms and in such manner as the agency may deem\nproper;\n 5. To plan, develop and construct projects and to pay the cost thereof\nand to have the right to contract in relation thereto with\nmunicipalities or persons within or without the county and to own and\noperate, maintain, repair, improve, reconstruct, enlarge, and extend,\nsubject to the provisions of this title, any of its projects acquired or\nconstructed under this title, and to sell, lease, mortgage or otherwise\ndispose of any project or part thereof to any person or public\ncorporation, subject to such conditions and limitations as the agency\nmay determine to be in the public interest;\n 6. To assist in the planning, development and construction of and the\nfinancing of the cost of any solid waste management-resource recovery\nfacility to be located in the county whether or not such solid waste\nmanagement-resource recovery facility is to be owned or operated by the\nagency, which assistance may include loans to any person or public\ncorporation. Any such solid waste management-resource recovery facility\nproducing either electricity or shaft horsepower and useful thermal\nenergy shall constitute a co-generation facility as defined in\nsubdivision two-a of section two of the public service law;\n 7. To receive from the United States, the state, the county, any other\nmunicipality or public corporation or person, solid waste for the\npurpose of treatment or disposal thereof, with the right of the agency\nto sell and dispose of any products or by-products (including energy) of\nsuch process of treatment or disposal, as the agency may deem proper;\n 8. To contract with the county, other municipalities, state agencies,\npublic corporations or persons within or without the county, for the\npurpose of receiving, treating and disposing of solid waste including\nwithout limitation to contract with persons for the delivery of all\nsolid waste generated within a stated area to a specific solid waste\nmanagement-resource recovery facility;\n 9. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with bondholders, for the regulation of the\nuse of any project or other property of the agency, which by-laws and\nall amendments thereto, duly certified by the secretary of the agency,\nshall be filed in the office of the agency and in the office of the\nclerk of the county, and to provide for the enforcement of such by-laws\nby legal or equitable proceedings which are or may be provided or\nauthorized by law. In addition, the county legislature shall have power\nto prescribe that violations of specific by-laws of the agency shall\nconstitute offenses or infractions and provide for the punishment of\nviolations th
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