A Luzerne County judge has rejected a plan to develop a solid-waste transfer station on mine-scarred land in Avoca that is currently operating as a rock quarry — itself an alleged unauthorized operation that county officials are now trying to shut down.
Citing “substantial evidence” of the inadequacy of the 25-acre property located off Pittston Avenue and Main Street, Judge Lesa S. Gelb recently sided with the Luzerne County Zoning Hearing Board and upheld its decision denying a special exception for Big Rocks LLC to open up a dump.
Attorney Michael I. Butera, who represented the zoning board, welcomed the decision to stop the project, which hundreds of borough residents vocally opposed.
“I think it was clearly obvious that this waste-transfer station did not belong where they were trying to put it,” Butera said Tuesday. “It’s in the middle of a residential area. There are residential properties and developments all around it, and it’s not far from it is the Pittston Area Elementary Center, where all of their athletic fields are — except for the football stadium.”
The Zoning Hearing Board denied a special exception to accommodate the proposed dump following a five-hour meeting last October at which roughly 325 protesters expressed their disapproval with the concept.
Residents expressed concerns about noise pollution, traffic congestion and other quality of life issues, including the fact that residential properties abut the site.
Bob Kalinowski / Staff Photographer
Avoca residents hold signs in opposition to a waste transfer facility during an October 2024 Luzerne County Zoning Hearing. (FILE)
Firefighters worried that they were ill-equipped to handle a large fire at the location due to an inadequate a water supply, and a traffic engineer was also unable to say whether the Heidelberg Bridge was structurally sufficient to handle an increase in traffic.
According to court documents, the proposed solid waste facility, which would have been known as Valley Recycling LLC, was expected to accept construction and demolition debris, separate out recyclables and then transfer the waste to landfills.
Attorney Frank Hoegen, who represented Big Rocks, argued that the project warranted a special exception and would be less impactful than other operations allowed in the area, which is zoned as light industrial.
The board, however, sided with the residents and denied the exception, prompting Big Rocks to appeal last November.
In her ruling last Tuesday, Gelb similarly found the concerns of the neighboring residents were compelling.
“The objectors here testified about concerns with handling potential fires due to the location of fire hydrants, previous issues with traffic being rerouted through pure residential neighborhoods when the Heidelberg Bridge was closed for repairs,” wrote Gelb, who went on to note residents’ concerns about decreasing property values, environmental impacts and noise pollution. “These concerns were based on the objectors’ own knowledge and own experiences and are therefore not speculative. … Because the (Zoning Hearing Board’s) findings of fact and conclusions of law are based on substantial evidence, the court will not disturb its decision.”
Butera welcomed the ruling, saying residents of the area were adamant that they did not want such a facility in their neighborhood.
“The applicants brought in paid expert witnesses, but they brought in no residents whatsoever — not one resident of that area came in and said that this is a good thing, or at least not a bad thing for the area,” Butera said. “There are just so many reasons not to put it in this area.”
Reached for comment Tuesday, Hoegen said Big Rocks would likely appeal the matter to Commonwealth Court.
“We’re currently reviewing the opinion with our client and we expect to file an appeal,” he said.
While the question of a landfill continues to work its way through the courts, another battle related to the property appears to be heating up.
Butera said all the talk about a waste station at the property led to the realization that the quarry itself should not be in operation. The Planning and Zoning Office has issued a cease-and-desist order over the quarry’s operation, and the Zoning Hearing Board will take up the matter at its meeting next month, he said.
“It’s our position that they were supposed to clean up the property and prepare it for residential development. And instead, they turned it into a rock quarry,” Butera said. “As far as the Zoning Office is concerned, they were never approved for a rock quarry.”
Hoegen disputed that contention, saying the operation has been properly authorized by the state.
“He has all of the requisite (Department of Environmental Protection) permits to operate, so I’m not sure what the nature of the complaint is by the Luzerne County Zoning Hearing Board,” Hoegen said.
The Zoning Hearing Board will take up that matter at its meeting at 7 p.m. Nov. 3.
Originally Published: October 14, 2025 at 10:12 AM EDT