Republic Services sues New Jersey township

Republic Services sues New Jersey township

Republic claims Middletown officials violated the Open Public Meetings Act when awarding its collection contract.

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December 4, 2017
Waste Today Staff
Hauling Legislation and regulations Municipal Recycling Municipal Solid Waste
Republic Services Inc., headquartered in Phoenix, is suing Middletown Township in New Jersey, claiming a contract reached with a hauling competitor was brought about unfairly, a report by the Asbury Park Press says. Central Jersey Waste and Recycling, Ewing Township, New Jersey, recently signed a $21.7 million, five-year contract with Middletown.

Republic is asking Monmouth County Superior Court to invalidate the contract, saying that it was based on a flawed bid and debated in secret, the report says. The court filing alleges that township officials violated the Open Public Meetings Act by not discussing the bids during an open public meeting. The claim also says the bid that was submitted by Central Jersey Waste and Recycling was missing key documents, such as a certificate guaranteeing insurance coverage and a warranty for the collection carts.

During the meeting Republic is citing, which took place in September, officials discussed the reasons for moving to a townwide collection but did not publicly discuss the differences between the bids, the report says. In other meetings, officials considered the question during a closed executive session.

If the contract with Central Jersey Waste and Recycling is invalidated, the contract will go to Republic, the report says.

Middletown is preparing to switch to townshipwide waste and recycling collection Jan. 1, 2018. The report says new carts are starting to be delivered to homes. Currently, Republic services homes inside the garbage district, which is paid through a property tax assessment. Those homes that do not fall in the district make their own collection arrangements.

In 2018, the district will be gone and each home in Middletown will be serviced by Central Jersey Waste and Recycling. The report says 86 percent of Middletown homeowners will save money through the new deal.