Village of Pelham cancels contract with trash-collector Waste Services as of Monday, says company’s lawyer

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The Village of Pelham has given garbage-collection contractor Waste Services Inc. notice to no longer provide service in the village as of Monday, according to John Murtagh, the attorney representing Waste Services.

Village officials have not announced a company to replace Waste Services.

Pelham Mayor Chance Mullen did not reply to an email sent Thursday requesting comment.

The Westchester County Solid Waste Commission suspended the operating license of Waste Services on Aug. 5, Peri Alyse Kadanoff, executive director of the commission, said in a statement at the time.

But the commission granted Waste Services a waiver to continue collecting garbage in Pelham until Sept 17, according to Murtagh. The waiver also applied to Rye Brook, which is  Waste Services’ other municipal customer.

Meanwhile, Waste Services is challenging the solid waste commission’s ruling in state supreme court.

The commission suspended Waste Services’ license without proper notice and an opportunity to be heard, said Murtagh. That can only be done by invoking the commission’s emergency procedures, yet the commission allowed Waste Services to operate for six additional weeks, he said. “There was, in fact, no emergency, and they have, in fact, created one,” said Murtagh. “And my client is willing to proceed under a waiver while he completes the sale of his business.”

“The Westchester Solid Waste Commission always follows all the appropriate laws,” said Westchester County spokesperson Cathryn Cioffe. “That being said, we as the county don’t comment on pending litigation.”

Kadanoff did not reply to a voicemail left at her office at the solid waste commission.

The suspension was “based on a decision by state Supreme Court Justice Terry Jane Ruderman against (Waste Services owner Joseph) Spiezio,” Kadanoff’s Aug. 5 statement said. “The suspension was based on Spiezio’s conduct surrounding his unjust enrichment and lack of credibility, among other things, which conveys his good character, honesty and integrity.”

Murtagh said Waste Services was willing to stay its court action in exchange for time to complete the sale of the business. He would not disclose the proposed buyer of the company.

“The county has acted illegally, is behaving unreasonably, and not only my client, but the Village of Pelham and Village of Rye Brook will pay the price,” Murtagh said, adding the commission did not give proper notice for its August meeting and made the decision in an executive session, which is not permitted.

Waste Service has a $1.2 million contract with Pelham that ends in March, according to Lohud.com.

Rich Zahradnik also contributed to this story.