Orange County NC Website
Chapter 153A <br />Page 4 of 90 <br />permitted by its charter and the laws of this State; <br />(20) To set and collect such fees and charges as is reasonable to offset operating costs, <br />debt service, and capital reserve requirements of the authority; <br />(21) To apply to the appropriate agencies of the State, the United States of America or any <br />state thereof, and to any other appropriate agency for such permits, licenses, <br />certificates, or approvals as may be necessary, and to construct, maintain, and operate <br />projects in accordance with such permits, licenses, certificates, or approvals in the <br />same manner as any other person or operating unit of any other person; <br />(22) To employ engineers, architects, attorneys, real estate counselors, appraisers, <br />financial advisors, and such other consultants and employees as may be required in <br />the judgment of the authority, to fix and pay their compensation from funds available <br />to the authority therefor, to select and retain, subject to approval of the Local <br />Government Commission, the financial consultants, underwriters, and bond attorneys <br />to be associated with the issuance of any revenue bonds, and to pay for services <br />rendered by financial consultants, underwriters, or bond attorneys from funds <br />available to the authority including the proceeds of any revenue bond issue with <br />regard to which the services were performed; <br />(23) To acquire property located within the territorial jurisdiction of any member unit of <br />local government by eminent domain pursuant to authority granted to counties; <br />(24) To require that any and all (i) solid waste generated within the authority's service area <br />and (ii) recyclable materials generated within the authority's service area and <br />transferred to the authority be separated and delivered to specific locations and <br />facilities provided that if a private landfill shall be substantially affected by such <br />requirement then the regional solid waste management authority shall be required to <br />give the operator of the affected landfill at least two years written notice prior to the <br />effective date of the requirement; and <br />(25) To do all things necessary, convenient, or desirable to carry out the purposes and to <br />exercise the powers granted to an authority under its charter. <br />(b) The acquisition and disposal of real and personal property by an authority created under this <br />Article shall be governed by those provisions of the General Statutes which govern the acquisition and <br />disposal of real and personal property by counties, except that Article 8 of Chapter 143 of the General <br />Statutes and Part 3 of Article 8 of Chapter 153A of the General Statutes do not apply. No authority <br />created pursuant to this Article shall exercise any power of eminent domain with respect to any property <br />located outside the territorial jurisdiction of the members of such authority. <br />(c) Each authority's plan shall take into consideration facilities and other resources for <br />management of solid waste which may be available through private enterprise. This Article shall be <br />construed to encourage the involvement and participation of private enterprise in solid waste <br />management. An authority created pursuant to this Article shall establish goals for the procurement of <br />goods and services from minority and historically underutilized businesses. (1989 (Reg. Sess., 1990), c. <br />888, s. 1; 1991, c. 580, s. 1; 2007 -131, ss. 1, 2.) <br />§ 153A -428. Fiscal accountability; support from other governments. <br />(a) A regional solid waste management authority is a public authority subject to the provisions <br />of Chapter 159 of the General Statutes. <br />(b) The establishment and operation of an authority as herein authorized are governmental <br />functions and constitute a public purpose, and the State and any unit of local government may <br />appropriate funds to support the establishment and operation of an authority. <br />(c) The State and any unit of local government may also dedicate, sell, convey, donate, or lease <br />any of their interests in any property to an authority. (1989 (Reg. Sess., 1990), c. 888, s. 1.) <br />