WAWAYANDA – Two environmental advocates have filed a lawsuit seeking to overturn a state permit for a proposed waste transfer and recycling facility in the Town of Wawayanda, arguing regulators failed to adequately review the project’s environmental impacts and denied the public a meaningful opportunity to participate in the approval process.
The lawsuit by Protect Orange County and a nearby homeowner, challenges a permit issued by the New York State Department of Environmental Conservation (DEC) in March for the facility, which would be capable of accepting up to 950 tons of solid waste per day.
Opponents say the project could generate as many as 248 truck trips daily, with operations beginning as early as 4 a.m., increasing traffic, noise and air pollution in the surrounding community.
The facility was initially proposed as an expansion of Marangi Disposal, a longtime local waste hauler. However, opponents note that the Marangi companies were acquired in August 2024 by Interstate Waste Services, one of the nation’s largest private waste management companies. They argue the permit places have no geographic restrictions on where the waste may originate, potentially allowing trash from New York City and elsewhere to be processed at the site.
The lawsuit alleges the DEC violated several state laws by denying an adjudicatory hearing, failing to adequately evaluate cumulative environmental impacts under the State Environmental Quality Review Act, improperly approving the permit under New York’s Climate Leadership and Community Protection Act and state solid waste laws, and conducting an inadequate public review process.
The suit further alleges the DEC failed to honor a commitment that traffic improvements would be completed before the facility begins operating. According to opponents, the permit allows road improvements to be completed by March 2031, potentially several years after operations begin.
“Thanks to Pramilla Malick and Alan Joseph, Esq., court courts will have a chance to review the reckless conduct by state and Town of Wawayanda officials in approving this deleterious project,” attorney Michael Sussman said. “It is poorly placed and will substantially increase air pollution and traffic congestion for communities’ state law specifically protects. Its proximity to the popular Heritage Trail should not have been ignored. I believe and hope our courts will carefully review the very serious substantive and procedural issues the lawsuit presents.
Supporters of the lawsuit are urging residents to attend a public hearing scheduled for July 22 before the Wawayanda Town Board, which is considering final local approvals for the project.
A spokesperson for the DEC said it does not comment on pending litigation. The filing seeks to have the permit annulled.
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