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The 12-page suit also names the two counties as separate defendants, as well as R.S. Lynch & Co., a consultant firm hired by the agency.
County Waste and Recycling Services Inc., a Clifton Park-based company that sought a contract with the agency to deliver trash to the disposal facility, was named as an defendant as well.
Wheelabrator Hudson Falls LLC, a subsidiary of Waste Management, currently operates the trash plant and has the exclusive rights to buy the plant from the IDA in 2011 for about $3.5 million.
The lawsuit alleges that the hauling contract is a precursor to County Waste making a play to purchase the plant.
The suit, dated Oct. 15 but filed on Tuesday in state Supreme Court in Warren County, claims negotiator Stephen Lynch's e-mail conversations with County Waste officials discussing how much trash the company would deliver to the plant violates both the agency's guidelines and the state law that governs public authorities.
The suit claims that Waste Management was informed of its ability to submit a bid at "the eleventh hour and only after extensive negotiations had been conducted between the agency ... and County Waste."
The company also maintains that the bidding procedures were "informal" and made it "impossible to compare the proposals on an objective basis. ..." prior to the IDA entering into a contract with County Waste stipulating the delivery of trash to the burn plant.
The IDA approved a contract this summer with County Waste that provided for the delivery of a minimum of 50,000 tons of trash from November to March to the facility.
Warren County Attorney Paul Dusek said he was in discussions with officials in Washington County and the IDA to determine how the suit would be handled.
County Waste did not return calls seeking comment Wednesday afternoon.
--This story was corrected to reflect the correct day that The Post-Star attempted to reach County Waste officials for comment.
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