TITLE III TOWNS, CITIES, VILLAGE DISTRICTS, AND UNINCORPORATED PLACES
CHAPTER 53-B SOLID WASTE MANAGEMENT DISTRICTS
Section 53-B:7
53-B:7 Corporate Body; Powers. –
A solid waste management district, established under RSA 53-B:6, shall be a body politic and corporate and a political subdivision and public instrumentality of the state carrying out a public purpose and an essential governmental function with the following powers, which powers are subject to the provisions and limitations of the district agreement:
I. To adopt a name and a corporate seal. The engraved or printed facsimile of the seal appearing on a bond or note of the district shall have the same legal effect as if it were impressed thereon.
II. To sue and be sued, but only to the same extent and upon the same conditions that a municipality may be sued.
III. To plan, construct, equip, maintain and operate one or more facilities, or to close one or more facilities, for the benefit of members of the district, and to take such actions and make such contracts as may be necessary in relation thereto.
IV. To hold, deal with, mortgage, pledge, encumber, purchase, acquire, lease, sell, convey, and otherwise dispose of real and personal property of all kinds in furtherance of the purposes of the district.
V. To take property by eminent domain within the geographic boundaries of the district in furtherance of the purposes of the district.
VI. To incur debt for the purposes of acquiring land and for planning, constructing, and equipping, or purchasing or otherwise acquiring the use of, one or more facilities, or for closing one or more facilities.
(a) No debt may be incurred until 120 days after it was authorized by the district committee to allow for rejection of the debt incurrence by member municipalities under subparagraph (c), unless the rejection period and authority have been waived in the district agreement.
(b) The governing body of each member municipality shall be given written notice of the amount of the debt and the general purposes for which it was authorized within 7 days after the authorization.
(c) If, before the 120-day period has passed, the legislative body of any member municipality votes to disapprove of the debt, it shall not be incurred. The provisions of RSA 31:5 shall not apply to actions by special town meetings under this paragraph. The provisions of RSA 32 and 33:8-a shall apply to actions by town meetings under this paragraph. A legislative body may disapprove the debt only if, under the terms and conditions of the district agreement, the municipality will incur obligations under RSA 53-B:7-c. After 120 days the district committee may again authorize the incurrence of debt which shall be subject to the rejection conditions of subparagraphs (a) and (c). A municipality which votes to reject 2 successive debt incurrences shall be allowed to withdraw from the district in accordance with the provisions of this chapter and the district agreement. If the municipality has not withdrawn within [ 120 days of the second debt rejection, the committee is authorized to incur the debt over the member municipality's rejection.
(d) In any district which includes 3 or more towns and is a party to a cooperative agreement under the New Hampshire-Vermont Interstate Solid Waste Compact, the following alternative procedure shall apply if it is contained in the agreement. The district committee shall determine the amount and purpose of the debt. The committee shall hold public hearings in at least 2 municipalities in the district. At least 14 days' notice of the hearings shall be published in one or more newspapers circulating in the district and posted in at least one public place in each municipality. Within 30 days after the last hearing, the committee shall set a date for a referendum on the debt. Each municipality shall have at least one polling place. The procedures for the referendum shall be the same as those for a vote by official ballot at town meeting. The debt shall be authorized if 2/3 of those voting on the question vote yes. Expenses of the referendum shall be charged to the district.
VII. To issue bonds and notes in the name and upon the full faith and credit of the district. The bonds or notes shall be signed by the chairman and treasurer of the district committee, except that the chairman by a writing bearing his written signature and filed in the office of the treasurer, which writing shall be open to public inspection, may authorize the treasurer to cause to be engraved or printed on the bonds or notes a facsimile of the chairman's signature, and such facsimile signature so engraved or printed shall have the same validity and effect as the chairman's written signature. Each issue of bonds or notes shall be a separate loan.
VIII. To receive and disburse funds for any district purpose.
IX. To incur temporary debt in anticipation of revenue to be received.
X. To assess member municipalities for any expenses of the district in accordance with RSA 53-B:9.
XI. To receive any grants or gifts for the purposes of the district.
XII. To engage legal counsel, accountants, engineers, contractors, consultants, agents and other advisors.
XIII. To employ an executive director or manager and such other employees as necessary to operate the district.
XIV. To enter into contracts with any person consistent with the authority that a district may have under this chapter.
XV. To utilize powers delegated to the district through the district agreement by member municipalities to enact bylaws and regulations concerning solid waste management.
XVI. To insure against liability and other risks, and otherwise to obtain all insurance deemed by the district committee to be necessary or appropriate to the district and its operations.
XVII. To guarantee obligations and to give indemnities to third parties, when in the best interests of and for the benefit of the district.
XVIII. To make contracts, leases, or other agreements with any member municipality within which a facility is or is to be located. Such contracts, leases, or other agreements may provide for benefits, privileges, payments, or other considerations for said host member municipality which, with respect to that facility, are different from and not otherwise available to the other member municipalities with respect to such facility.
XIX. To accept at a district facility solid waste generated inside and outside the boundaries of the district.
XX. To contract with any person who owns or operates any facility for the provision of solid waste management services. Such contract shall be consistent with the hierarchy and goals of solid waste management under RSA 149-M:2 and RSA 149-M:3. A contract for facility use may call for delivery of guaranteed minimum tonnage, provided that said contract is in keeping with the policy set forth in RSA 149-M:2 and RSA 149-M:3. In the event that a district's delivered tonnage falls below the level stipulated in contract, the district may procure tonnage from sources outside the district, in compliance with the public benefit requirements of RSA 149-M:11 and as provided in the contract. A contract may contain such other terms and conditions as the district may determine to be in its best interest.
(a) No long-term contract shall take effect until 120 days after authorization by the district committee to allow for rejection of the proposed long-term contract by member municipalities under subparagraph (c), unless the rejection period and authority have been waived in the district agreement.
(b) The governing body of each member municipality shall be given written notice of the general purposes of the long-term contract, a summary of the terms of the long-term contract, and a copy of the long-term contract within 7 days after the authorization.
(c) If, before the 120-day period has passed, the legislative body of any member municipality votes to disapprove of the long-term contract, it shall not be entered into. The provisions of RSA 31:5 shall not apply to action by special town meetings under this paragraph. A legislative body may disapprove the contract only if, under the terms and conditions of the district agreement, the municipality will incur obligations under RSA 53-B:7-c. After 120 days the district committee may again authorize the long-term contract which shall be subject to the rejection conditions of subparagraphs (a) and (c). A municipality which votes to reject 2 successive long-term contracts shall be allowed to withdraw from the district in accordance with the provisions of this chapter and the district agreement. If the municipality has not withdrawn within 120 days of the second contract rejection, the committee is authorized to enter into the long-term contract over the member municipality's rejection.
Source. 1967, 331:1. 1981, 379:3. 1994, 319:1; 367:7. 1996, 251:9, eff. Aug. 9, 1996. 2013, 117:2-5, eff. Aug. 24, 2013.