§ 105.

448 words·~2 min read·/vt/105-21

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

§ 105. Powers

(a)The District shall have all those powers set forth in 24 V.S.A. § 4866 as the same presently exist, together with any additional powers that may be added thereto by amendment in the future, all of which powers are incorporated herein by reference.

(b)Except as provided by section 107 of this chapter, the District shall have the power:

(1)To operate, cause to be operated, or contract, or both, for the operation of any and all facilities for the collection, transportation, treatment, storage, resource recovery, recycling, and disposal of solid waste, and to determine and make charges for such services.

(2)To purchase, sell, own, lease, convey, mortgage, improve, and use real and personal property.

(3)To sue.

(4)To enter into contracts for any term or duration.

(5)To adopt a capital budget and program.

(6)To issue regulations implementing the purposes of the District, subject to the requirements of 24 V.S.A. chapter 59.

(7)To provide solid waste disposal services for the member municipalities and others.

(8)To exercise the power of eminent domain.

(9)To borrow money and issue evidence of indebtedness as provided by 24 V.S.A. chapter 53 (indebtedness) or other provisions of law authorizing general obligations or revenue debt, including 10 V.S.A. chapter 12 (Vermont Industrial Development Authority) and 24 V.S.A. chapter 119 (Municipal Bond Bank).

(10)To establish a budget and assess member municipalities and others in accordance therewith.

(11)To appropriate and expend monies.

(12)To establish sinking funds for the retirement of bonded or other indebtedness.

(13)To charge member municipalities, haulers, commercial and residential generators, and others for solid waste generated, arising, or disposed of within the geographical boundaries of member municipalities, regardless of how such waste is disposed. This power includes the ability to make estimates of amounts generated or hauled, or both, for purposes of such charges.

(14)To exercise any other powers that are necessary or desirable for dealing with solid waste problems consistent with the provisions of Titles 10 and 24.

(15)To establish capital reserve funds.

(16)To accept and administer gifts, grants, and bequests in trust.

(17)To exercise all powers incident to public corporations.

(18)To make payments in lieu of taxes to members hosting District facilities.

(19)To do all things set forth in or necessary to this chapter.

(20)To enter into contracts with banks, insurance companies, or other financial institutions so as to obtain a letter of credit, bond insurance, or other forms of financial guarantees or credit enhancement in connection with District bonds, notes, or other evidence of indebtedness.

(21)To provide host communities of District facilities with incentive payments, services, and benefits.