§ 105.

605 words·~3 min read·/vt/105-20

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§ 105. Powers

Except as otherwise provided or limited herein, the District shall have the following powers:

(1)to operate, cause to be operated or contract, or both, for the operation of any and all facilities necessary for the management of solid waste or hazardous waste, and to determine and make proper charges for such services;

(2)to purchase, sell, lease, own, acquire, convey, mortgage, improve, and use real and personal property in connection with the purpose of the District;

(3)to hire and fix the compensation of employees;

(4)to sue and be sued;

(5)to enter into contracts for any term or duration;

(6)to contract with individuals, corporations, associations, authorities, and agencies for services;

(7)to provide solid waste management services for the member municipalities, the inhabitants thereof, and the businesses therein, and for such others as its facilities and obligations may allow, provided that acceptance of solid waste generated outside the District is necessary to fulfill the purpose as stated in section 102 of this subchapter;

(8)to contract to pay for solid waste disposal on the basis of guaranteed volume, type, amount, or tonnage, whether or not delivered and accepted for disposal or the means of management, with payments based on such guaranteed volume, type, amount, or tonnage regardless of whether or not such solid waste so delivered is actually disposed of or subjected to other means of management; provided, however, that any such contract shall be consistent with the State solid waste management plan then in effect; and further provided that payments under any such contract may be variable and may be determined by formulae expressed in such contract;

(9)to contract with the State of Vermont, the United States of America, or any subdivision or agency thereof for services;

(10)to contract with any member municipality for facilities or the services of any officers or employees of that municipality useful to it;

(11)to promote cooperative arrangements and coordinated action among its member municipalities;

(12)to make recommendations for review and action to its member municipalities and other public agencies that perform functions within the region in which its member municipalities are located;

(13)to exercise any other powers that are necessary or desirable for dealing with solid waste problems of mutual concern and that are exercised or are capable of exercise by any of its member municipalities;

(14)to exercise the power of eminent domain;

(15)to borrow money and issue evidence of indebtedness as provided by 24 V.S.A. chapter 53;

(16)to establish a budget and assess member municipalities in accordance therewith;

(17)to appropriate and expend monies;

(18)to establish sinking funds for the retirement of bonded or other indebtedness;

(19)to establish capital reserve funds for specific public improvements in furtherance of its purpose;

(20)to regulate by ordinance, rule, or regulation the collection, transportation, material recovery, recycling, and disposal of solid waste or hazardous waste within the District and to require that acceptable solid wastes generated within the District and any member municipality therein shall be disposed of only in and upon facilities operated by or on behalf of the District;

(21)to enact and enforce any and all necessary or desirable ordinances and regulations for the orderly conduct of the government and for carrying out the purpose of the District;

(22)to accept and administer gifts, grants, and bequests in trust or otherwise for the purpose of the District;

(23)to exercise all powers incident to a public corporation;

(24)to regulate the importation of solid waste into the District in accordance with standards established by the District’s solid waste management plan.