§ 5. Powers
The District shall be a body politic and corporate with the powers incident to a municipal
corporation under the laws of the State of Vermont consistent with the purpose of
the District and in addition shall have the following powers:
(1) To operate, cause to be operated, contract for, and otherwise provide for the collection
and transportation of solid waste, and for the operation and maintenance of solid
waste facilities, programs, and services of every kind, including sanitary landfills,
recycling centers, intermediate processing facilities, composting facilities, or resource
recovery facilities, or any combination thereof, and to determine and make proper
charges for the cost of 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, and to construct,
develop, and maintain solid waste facilities in accordance with federal and State
law.
(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 architects, engineers, financial and legal consultants, and other
experts for services.
(7) To contract with individuals, corporations, associations, authorities, and agencies
for services.
(8) To provide solid waste disposal services for the member municipalities, the inhabitants
thereof, and the businesses therein, and for such others as its facilities and obligations
may allow.
(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 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 within the District or within any municipality
that has withdrawn from the District, provided such property or site to be taken by
eminent domain must have been considered, by official action of the Board of Supervisors,
as a potential site or sites for a solid waste management facility during the 12-month
period immediately preceding the date of withdrawal.
(15) To borrow money and issue evidence of indebtedness as provided by 24 V.S.A. chapters
53 and 119 or other provisions of law authorizing general obligations or revenue debt,
including 10 V.S.A. chapter 12.
(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 improvements in furtherance of its purpose.
(20) To regulate by rule, regulation, or ordinance the collection, transportation, processing,
resource recovery, recycling, and disposal of solid 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 owned by the
District.
(21) To enact and enforce any and all necessary or desirable regulations for the orderly
conduct of governance 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 require that solid waste from commercial, agricultural, or industrial activities
be tested by an entity specified by the District, and to require that the costs of
testing be borne by the generator of the solid waste.
(25) To enter into contract services with individual nonmember municipalities or other
entities to provide services otherwise in the scope of the District’s powers and purposes.
(26) To appoint law enforcement officers or other agents for the enforcement of ordinances,
rules, and regulations of the District.
(27) To enter into siting agreements with municipalities within which a District facility
is to be located, which agreements may specify the terms, conditions, and provisions
under which a District facility shall be constructed, operated, and maintained. In
the event it is impractical or impossible to determine whether damage to the environment
is caused by the District facility or from an adjacent property, the District may
indemnify and hold harmless the municipality from any such damage, costs, and liabilities.
(28) To enter into cooperative or interlocal agreements with other municipalities or persons,
within or outside the District, providing for the management of solid waste, recyclable
materials, organic material, or a combination of solid waste, recyclable materials,
and organic material.
(29) To enact policies defining and regulating conflicts of interest of members of the
Board of Supervisors, and employees and officers of the District.
(30) To enact policies and regulations with respect to procurement of goods and services. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)