§ 153A-427. Powers of an authority. - North Carolina Statutes

§ 153A‑427.  Powers ofan authority.

(a)        The charter mayconfer on the regional solid waste management authority any or all of thefollowing powers:

(1)        To apply for,accept, receive, and disburse funds and grants made available to it by theState or any agency thereof, the United States of America or any agencythereof, any unit of local government whether or not a member of the authority,any private or civic agency, and any persons, firms, or corporations;

(2)        To employ personnel;

(3)        To contract with consultants;

(4)        To contract with theUnited States of America or any agency or instrumentality thereof, the State orany agency, instrumentality, political subdivision, or municipality thereof, orany private corporation, partnership, association, or individual, providing forthe acquisition, construction, improvement, enlargement, operation ormaintenance of any solid waste management facility, or providing for any solidwaste management services;

(5)        To adopt bylaws forthe regulation of its affairs and the conduct of its business and to prescriberules and policies in connection with the performance of its functions andduties, not inconsistent with this Article;

(6)        To adopt an officialseal and alter the same;

(7)        To establish andmaintain suitable administrative buildings or offices at such place or placesas it may determine by purchase, construction, lease, or other arrangementseither by the authority alone or through appropriate cost‑sharingarrangements with any unit of local government or other person;

(8)        To sue and be suedin its own name, and to plead and be impleaded;

(9)        To receive,administer, and comply with the conditions and requirements respecting anygift, grant, or donation of any property or money;

(10)      To acquire bypurchase, lease, gift, or otherwise, or to obtain options for the acquisitionof any property, real or personal, improved or unimproved, including aninterest in land less than the fee thereof;

(11)      To sell, lease,exchange, transfer, or otherwise dispose of, or to grant options for any suchpurposes with respect to any real or personal property or interest therein;

(12)      To pledge, assign,mortgage, or otherwise grant a security interest in any real or personalproperty or interest therein, including the right and power to pledge, assign,or otherwise grant a security interest in any money, rents, charges, or otherrevenues and any proceeds derived by an authority from any and all sources;

(13)      To issue revenuebonds of the authority and enter into other financial arrangements includingthose permitted by this Chapter and Chapters 159, 159I, and 160A of the GeneralStatutes to finance solid waste management activities, including but notlimited to systems and facilities for waste reduction, materials recovery,recycling, resource recovery, landfilling, ash management, and disposal and forrelated support facilities, to refund any revenue bonds or notes issued by theauthority, whether or not in advance of their maturity or earliest redemptiondate, or to provide funds for other corporate purposes of the authority;

(14)      With the approval ofany unit of local government, to use officers, employees, agents, andfacilities of the unit of local government for such purposes and upon suchterms as may be mutually agreeable;

(15)      To develop and makedata, plans, information, surveys, and studies of solid waste managementfacilities within the territorial jurisdiction of the members of the authority,to prepare and make recommendations in regard thereto;

(16)      To study, plan,design, construct, operate, acquire, lease, and improve systems and facilities,including systems and facilities for waste reduction, materials recovery,recycling, resource recovery, landfilling, ash management, household hazardouswaste management, transportation, disposal, and public education regardingsolid waste management, in order to provide environmentally sound, cost‑effectivemanagement of solid waste including storage, collection, transporting,separation, processing, recycling, and disposal of solid waste in order toprotect the public health, safety, and welfare; to enhance the environment forthe people of this State; recover resources and energy which have the potentialfor further use, and to promote and implement the purposes set forth in Part 2Aof Article 9 of Chapter 130A of the General Statutes;

(17)      To locate solid wastefacilities, including ancillary support facilities, as the authority may seefit;

(18)      To assume anyresponsibility for disposal and management of solid waste imposed by law on anymember unit of local government;

(19)      To operate suchfacilities together with any person, firm, corporation, the State, any entityof the State, or any unit of local government as appropriate and otherwisepermitted by its charter and the laws of this State;

(20)      To set and collectsuch fees and charges as is reasonable to offset operating costs, debt service,and capital reserve requirements of the authority;

(21)      To apply to theappropriate agencies of the State, the United States of America or any state thereof,and to any other appropriate agency for such permits, licenses, certificates,or approvals as may be necessary, and to construct, maintain, and operateprojects in accordance with such permits, licenses, certificates, or approvalsin the same manner as any other person or operating unit of any other person;

(22)      To employ engineers,architects, attorneys, real estate counselors, appraisers, financial advisors,and such other consultants and employees as may be required in the judgment ofthe authority, to fix and pay their compensation from funds available to theauthority therefor, to select and retain, subject to approval of the LocalGovernment Commission, the financial consultants, underwriters, and bondattorneys to be associated with the issuance of any revenue bonds, and to payfor services rendered by financial consultants, underwriters, or bond attorneysfrom funds available to the authority including the proceeds of any revenuebond issue with regard to which the services were performed;

(23)      To acquire propertylocated within the territorial jurisdiction of any member unit of localgovernment by eminent domain pursuant to authority granted to counties;

(24)      To require that anyand all (i) solid waste generated within the authority's service area and (ii)recyclable materials generated within the authority's service area andtransferred to the authority be separated and delivered to specific locationsand facilities provided that if a private landfill shall be substantiallyaffected by such requirement then the regional solid waste management authorityshall be required to give the operator of the affected landfill at least twoyears written notice prior to the effective date of the requirement; and

(25)      To do all thingsnecessary, convenient, or desirable to carry out the purposes and to exercisethe powers granted to an authority under its charter.

(b)        The acquisition anddisposal of real and personal property by an authority created under thisArticle shall be governed by those provisions of the General Statutes whichgovern the acquisition and disposal of real and personal property by counties,except that Article 8 of Chapter 143 of the General Statutes and Part 3 ofArticle 8 of Chapter 153A of the General Statutes do not apply. No authoritycreated pursuant to this Article shall exercise any power of eminent domainwith respect to any property located outside the territorial jurisdiction ofthe members of such authority.

(c)        Each authority'splan shall take into consideration facilities and other resources formanagement of solid waste which may be available through private enterprise.This Article shall be construed to encourage the involvement and participationof private enterprise in solid waste management. An authority created pursuantto this Article shall establish goals for the procurement of goods and servicesfrom minority and historically underutilized businesses. (1989 (Reg. Sess., 1990), c.888, s. 1; 1991, c. 580, s. 1; 2007‑131, ss. 1, 2.)