Ansonia Trash Lawsuit
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Transcript of Ansonia Trash Lawsuit
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8/10/2019 Ansonia Trash Lawsuit
1/13
.
CIVIL
Rev.2-13
ss
51-346, s1-347, 51-34e,
s1-3s0,
52-45a,
52-259,
P.B. Secs.
3-1 through
3-21,
8-1
STATE
OF CONNECTICUT
SUPERIOR
GOURT
vvvvw.jud.ct.gov
See
page
2 for
instructions
TO:
Any
proper
officer;
BY
AUTHORITY
OF
TH
STATE
OF
CONNECTICUT,
you
are hereby
commanded
to
make
due and
legal service
of
this
Summons
and
attached
Complaint.
"X"
if amount, legal
interest or
property
in
demand,
not
including
interest and
costs is less than
$2,500.
"Xu
if
amount, legal interest
or
property
in
demand,
not
including
interest
and
costs
is
$2,500
or more.
'X'
if
claiming other
relief in addition
to
or in lieu
of money
or damages.
where writ and other
papers
shall be
s. ss
51-s46,
51-s5o)
Franklin Square,
New Britain, CT
06051
',
street,
town and
zip code)
Retum
Date
(Must
be
a Tuesday)
November
11
2
014
---aai
Judicial
District
Housing Session
G.A.
Number
Case type
code
Major:
C
on
page
2)
Minor:
40
Telephone
number of
clerk
(w,1h
arca
code)
(
860
)s1s-s180
in which
writ is
rctumable)
fG.G.S.
SS
51-346,
51-349)
the
Ptaintiff(s)
please
enter
the appearance
of:
Number of
Defendants:
1
N^".te
(L*t"
Flr"t"
M'
Address
of
Each
party
(Number;
Street;
P.O. Box;
Town;
State; Zip;
Cou4ry4 r9 ] 92
Name:
Bristol
Resource Recovery
Facility
Operating
Gommittee
Address:
43
Enterprise
Drive,
Bristol,
CT
06010
Additional
Plaintiff
Name:
City
of
Ansonia
Address:
c/o-Town
and City Glerk,
253
Main Street,
Ansonia,
CT 06401
i*
E
c:)
{{
q)
law firm or
plain
(Number,
street,
town and
zip
s
number
1to
be entered
by aftomey only)
Bauer,
Silvia
&
Ciccarillo,
LLP,
35
Pearl
Street,
Suite 300,
New Britain,
CT
06051
423817
Signature
of Plaintiff
(lf
self-represented)
of Plaintiffs:
1
I
form JD-CV-2
attached
for additional
parties
Notice
to Each
Defendant
1.
yOU
ARE BEING SUED. This
paper
is a Summons
in a lawsuit.
The
complaint attached
to these
papers
states
the
claims that
each
plaintiff
is making
against
you
in this
lawsuit.
Z. fo Ue
notified of further
proceedings,
you
or
your
attorney must
file a form
called an "Appearance"
with the
clerk of the above-named
Court
at the above
Court
address
on
or before
the
seiond.day
after the above
Return
Date.
The Return
Date is
not a hearing
date.
You do not have
to come
to court
on the
Return Date unless
you
receive
a
separate
notice telling
you
to
come to court.
3. lf
you
or
your
attorney do
not file a
written
'Appearancei'iorm
on time,
a
judgment
may be
entered against
you
by default. The
'Appearance"
form may
be
obtained at ihe Court address above
or al
vvv,rw.iud.ct.gov under "Court
Forms."
4.
lf
you
believe that
you
have
insurance that may
cover the
claim that
is being
made
against
you
in this lawsuit,
you
should
immediately
contact
your
insurance
reprurent"tive. Other action
you
may have
to take
is described
in the Connecticut
Practice
Book which
may be found
in a superior
court law
library or on-line
at
unvw.jud.ct.gov
under
"Court
Rules."
S. lf
you
have
questions
about
the Summons
and Comptaint,
you
should
talk
to
an attorney
quickly.
The Clerk
of Court
is
not
allowed
to
give
advice on
Signed
Summons is signed by
a Clerk:
a.
The signing has been done
so
that the
Plaintiff(s)
will not be denied
access to
the courts.
b. lt
is the responsibility of the Plaintiff(s)
to see that
service
is made
in the manner
provided
by law.
c.
The
Clerk
is
not
permitted
to
give
any
legal advice
in connection
with any lawsuit.
d. The Clerk signing
this
Summons
at
the
request of the
Plaintiff(s)
is not responsible
in any
way
for any errors
or omissions
in the Summons, any allegations
contained
in the Complaint,
or
the
service of the
Summons
or Complaint'
I
certify
I
have
read
and
understand the above:
Name and address of
person
recognized
to
prosecute
in the
amount of
$250
Gheryl Ferens, 35 Pearl
Street, Suite
300, New
Britain,
CT
06051
Date
1010912014
me
of Person
Signing at
ommissioner
of the
Superior
Court
Assistant Clerk
Commissioner
of lhe
Superior Court
Assistant Clerk
Signed
(Offclal
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8/10/2019 Ansonia Trash Lawsuit
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{
\.
RETURN
DATE:
NO]IEMBE.P.
11, 2014
BRiSTOL
RES
OURCE RECOVERY
FACILITY
OPE,RATING
COMMITTE.E
VS.
CITY OF ANSONIA
SUPERIOR COURT
JUDICIAL
DISTRICT
OF
NE\TBzuTAIN
AT
NEW BR]TAIN
OCTOBE,R9,2074
COMPI-AINT
1,. The Plaintiff,
Bdstol
Resoutce Recovery FaciJity
Operating
Committee, is
a
commitlee
consisting
of
fourteen
cities and
towns
cteated putsuant
to Sec.
22a-221,
of
the
Connecticut
General
Statutes.
2. The Plaintiff,
putsuant
to
Sec.
22a-227a
of the
Connecticut
Genetal
Statutes,
is
a public instrumentality
and
poJitical
subdivision
of
the
State
of Connecticut
established and
created
fot
the performance of an essential public and
governmental
function.
3.
The Defendant,
City
of
Ansonia, is
a
municipal
corpotation
vrithin
the
County
of New Haven
and State
of
Connectlcut.
4. The
Plaintiff
and
its
membet
communities, at all times mentioned herein
were
paities
to
a Service
Agteement
with
Covanta Bristol, Inc., for disposal
of
residential
solid
waste at the Covanta
vraste
to
energy
faciJity
located
in
the
City of
Bdstol,
Connecticut.
MICHALIK,
BAUER,
SILVIA & CICCAFILLO, LLP
.
AITORNEYS
AT
UW
35
PEARL
STREET
'
SUITE
300
'
NEW BRITAIN, CT 06051
.
(860)
225-8403
.
FAX:
(860)
223-4026
.
JURIS
NO.
423817
-
8/10/2019 Ansonia Trash Lawsuit
3/13
i
5. Pursuant to the
Service
Agreement
vrith
Covanta
Bristol, Inc.,
the
Plaintiff
had the
right to
deliver
at
its
direction, acceptable waste
to
the
faciJity
which
is
burned to
ptoduce
electticity for
sale
to
the
local
utiJity,
genetating
tevenues,
a
pottion
of
which
is
disttibuted
to the Plaintiff.
6.
On
ot about
May
6,2008,
the
Plaintiff
and
Defendant
entered into a
new
written Contact
wherein the
Defendant
agteed
to
deliver
to
the Covanta facrlity
acceptable waste, and agreed
to
pay tip
fees to the
Plaintiff.
A
copy
of
the Conttact
is
aftached
as
Exhibit
A.
7.
Said
Contract
ptovides
for
solid waste
disposal
service
for
aninitial term
ftomJuly 1,
2008,
to
June
30,2010, and
extensions fot
trvo
(2)
successive tliro
Q)
yeat
terms, and
the
Piaintiff
and
Defendant
agteed
to both
of
the
two
(2) year
the
extensions,
tesulting in
a
Conttact
expiration date
ofJune
30,20L4.
8. Said Contact between
the
Plaintiff and
Defendant
tequired that the
Defendant deliver
specific amounts
of
tons
of
residential
waste as set foth
in
Schedule
2,
^p^rt
of Exhibit A.
9. The
Defendant
guaranteed
to deliver such tons
of residential waste
as set
forth
in
Schedule
2,
and
to
pay
tip
fees
as
set
forth in
Schedule
1, apatt
of
Exhibit
A.
I
MICHALIK, BAUER, SILVIA & CICCARILLO,
LLP
.
ATTORNEYS AT UW
ss
PEARL
STREET
.
SUITE
300
.
NEW BRITAIN, CT
06051
.
(860)
225-8403
.
FAx:
(860)
223-4026
.
JUHIS NO. 42s817
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8/10/2019 Ansonia Trash Lawsuit
4/13
t
I
10.
During
the period
beginning
September
23,201.3,
and
ending
Jantary
13,
201.4,
the
Defendant
failed
to
deliver 1,193.66
tons
of acceptable waste, and
Defendant
acknowledged
through
ttansmitral of
invoices
that solid waste collected
on behalf
of
the
Defendant
was
deliveted
to
locations
other
than
the Covanta facility
without
the
knowledge
or
conserit
of
the
Plaintiff.
L1,.
Defendant
agteed
to
pay
to
the
Plaintiff
$57.00
for
each
ton
the
Defendant
failed
to
deliver.
1,2.
Byteason
of
Defendant's
bteach
of
the
Contracg
Plaintiff
has
been
damaged
in
the amount
of
$68,038.86.
73.
The
afotementioned
sum is now
due
to
the Plaintiff ftom
the Defendant,
but
has
not
been
paid after
demand.
MlcHALtK, BAUER,
StLVtA & C|CCAB|LLO,
LLp
.
416p1,19y5 AT
LAW
3s
PEARL
STREET
'
SUITE
300
'
NEW BRITAIN,
CT
06051
.
(860)
225'8403
.
FAX:
(860)
22s-4026
.
JURIS
NO. 423817
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RETURN
DATE:
NOVEMBEP. 1.1,
201,4
BRISTOL
RES
OURCE REC
OVERY
FACILITY
OPERATING
COMMITTEE
VS.
CITY OF ANSONIA
(
SUPERIOR
COURT
JUDiCIAL
DISTRICT
OF
NEV/
BRITAIN
AT
NEW BRITAIN
OCTOBER9,2014
AMOUNT
IN
DEMAND
The
amount
in
demand is more
than Fifteen Thousand
Dollars
($15,000.00)
exclusive
of
interest
and costs.
PI-A]NTIFF
-
BRISTOL
RESOURCE
RECOYERY
FACILITY OPERATING
COMMITTEE
Its Attorney
Michalik,
Bauet,
Silvia &
Ciccarillo,
LLP
35
Pead
Street, Suite 300
New
Britain,
CT 06051
Telephone:
(860) 225-8403
Facsimile:
(860)
223-4026
MICHALIK, BAUER,
SILVIA
& CICCARILLO,
LLP
.
ATTORNEYS
AT UW
35
PEABL
STREET
'
SUITE
300
.
NEW
BBITAIN, CT 06051
.
(860)
225-8403
.
FAX:
(860)
223-4026
.
JURIS
NO.
423817
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8/10/2019 Ansonia Trash Lawsuit
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,,Ff
'l
ttt:o
EXHIBIT
A
AqBEEMENT
This
Agreement
made
on
the
6tq.
.day
of
tdav
,
2008,
between
the
CITY
OF
ANSOIIIIA,
a
municipality located in
the
County
of
New
Haven,
and
State
of
Connecticut, hereinafter
called
"Ansonia"
and
the BRISTOL
RESOURCE RECOVERY
FACILIW
OPERATING
COII,IMITTEE,
an
operatlng
committee authorized
by statute,
located in
the
City
of
Bristol
within
the
County
of
Hartford and
State of
Connecticut,
hereinafter
called
"BRRFOC".
WHEREAS,
Ansonia
is desirous
of
disposing
acceptable
waste
generated
within
its
boundaries at the waste disposal
facility
operated
by
BRRFOC In
the
City
of
Bristol,
Connecticut.
WHEREAS, BRRFOC
is
desirous
of
receiving said
waste
at
said
facility
withirr
the
limits
as herelnafter set
forth
in this Agr:eernent;
and
WHEREAS,
Ansonia shall
deliver
the
solid
waste
to the
facility
ln
appropriate
vehicles
approved
by
the
BRRFOC.
NOW, THEREFORE, In
consideration
of
the
payment
of sums
as recite{
in
this
Agreernent
and
other
good
and
valuable
consideratlon,
the
parties
agree
as follows:
1.
BRRFOC
agrees to
accept
waste
transported
by
Ansonia
to the
Bristol Facllity at
said
facility
within
the
limits
as set forth
in this
contract,
and
agrees
to
impose
the
charges
and
fees
as
set forth
hereinafter
in this
contract.
2,
For the
right to
make said
disposal
Ansonia agrees
to
pay
the
tipping
fees
to BRRFOC, as
set
forth and
defined
in Schedule
1
attached hereto and
made a
part
hereof.
3.
For
the
purpose
of
this
contract
"Acceptable
Waste"
is
defined
ln
the
Service
Agreement
between
BRRFOC
and Covanta Bristol,
Inc"
Should
the term
be
modified
for
any
reason,
the
definition
in
the
Seruice
Agreement
shall
prevail,
4, The
term
of this
Agreement
shall
be
a
twenty-four
(24)
month
period
from
Suly
1/
2008 to,
and
including
June
30,
2010,
unless
,
terminated earlier
as
provided
for
hereinafter,
Upon
the
expiration
of the initlal
term,
provided
that
Ansonia
is not then
in
default
hereunder,
BRRFOC
and
Ansonia
may
extend
the
term
of
this
Agreement
for
two
(2)
successive
two
(2)
year
terms
upon the
terms
and
conditions
as
set
forth
herein.
Ansonia
shall
exercise
the
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i'.
t".c
6.
option
for an extended
term by
notifying
BRRF0C
ln
writing at
least
fotty-five
(45)
days
before the
then
current
term
expires.
Within
fifteen (15)
days
of
receipt
of
such wrltlng,
BRRFOC shall
noilfy
Ansonia
in
wrlting
its
acceptance
or
rejection
of
the
request
to
extend
the
term
provided,
however
the
parties
to
this
Agreement
shall
enter
into a
Letter
Agreernent
confirmirrg
or modiffing
Schedule
1
as
to the
tip fee
to
be
paid
to
the
BRRFOC
for
the
extended
term, which
Letter
Agreement
shall become
a
part
of this
Agreement
as
if
fulty
set
forth
herein.
Ansonia
states
that its
tonnage
for
the twenty-four
rnonth
period
July
1, 2008 to
June 30,
2010/
being the
contract
period,
is
estimated
at
4t
aoo
.
tons
for
the
terms
and
lo
5oO
tons
annually
and
Ansbnia
agrees
to
guarantee
and
to fransport
said
tonnage (plus
or
minus
flve
(5%)
percent)
to
the
Bristol
Facllity.
Ansonia
estimates
its
tonnage
to
vary
per
month
according
to
Schedule
2
attached
hereto and
made a
paft
hereof.
Ansoni6:j69resr:.:at
rth-:SOlq
discretion
-
of
BRRFOC,'.
to bypass.:.
its
teceptable:waste.frorn
the. Brlstolr Eacillty to a
n.alternate
dlsposltlon
siter,sf"i1s
sole'eost during
the
ter,m:.sf
this:csntract,
BRRFOC
shall
give
Ansania
at
least two
(2)
weeks
notice
of its intent
at
any
time
to
invoke
this
clause,
in an
emergency
situation
beyond
regular
maintenance
shut
downs, BRRFOC shall
not
be required
to
give
the
aforesaid notice.
Ansonia
wilt
insure
that.
ib haulers
will
obey
the
rules
and
regulations
relating to
deliveries
of
acceptable
waste at the facility.
Such
rules
and
regulations
are enacted
by Covanta
Bristol,
Inc,
BRRFOC
will
provide
Ansonia
with
a
copy
of
said rules
and
regulations
at
the
signing of this
Agreement.
Ansonia
shall
cooperate
with
BRRFOC
and
Covanta
Bristol,
Inc,
in
minimizing
truck
traffic
at
the facility.
Ansonia
will
license
its
haulers
and
provide
BRRFOC and
Covanta
Bristol,
Inc.
proper
information needed
to
identify
haulers acting
on
behalf
of
Ansonia.
Haulers
will
be
required
to
provide identlflcation
that they
are
delivering
Ansonla
garbage.
Ansonia's
payments
under
this
contract
will be due
within thirty
(30)
days
of
submission
of a statement
from
BRRFOC,
BRRFOC
will
bill
on
a monthly basis
accordlng
to
Schedule
3.
Within
60 days
of
June
30,
of each
year,
BRRFOC wlll
provide
Ansonia
with
a
statement
reflecting any
credits
or
debits due
to.or from
BRRFOG
7.
B,
o
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8/10/2019 Ansonia Trash Lawsuit
9/13
r.a
according to Schedule
3
attached hereto
and
made
a
part
hereof.
Payments to
or from
BRRFOC
for
such
credits
or debits
shall be
paid
within
30 days of the
submission
of
the statement,
If
payments
are
not
made
then
interest
at
the
rate
of
t20/o
pet
annurn.
shall
be'paid,
10.
Deliveries
by haulers
will
be
pursuant
to
Hauler
Rules
&
Regulations
established
by
Covanta
Bristol, Inc,
and
BRRFOC.
11,
The
BRRFOC
agrees
that
it
will
exert
its
best efforts
to
affect
'
Ansonia becoming
a mernber
of
the
Operating
Committee,
'L2,
Unacceptable
waste
shall include
the
portion
of
solld
Waste
excluding
hazardous
waste, but
including
without
limitation,
'explosives,
pathologlcal and
biological
waste,
radioactlve materials,
ashes,
foundry
sand,
sewage
sludge
(unless
processed
to
permit
.
incineration);
cesspool and other
human
waste,
human
remains
and
anirnal
carcasses,
rnarine
Psfu,
motor
vehicles,
including
such
.
major
rnotor
vehicle
parts
as automobile
transmisslons,
rear
ends,
springs
and
fenders,
agricultural
and
farm machinery
and.
.
equipment.
marine
vessels
and maJor
parts
thereof,
Eny
other
large
1"
"
machineror
equipment'(including
white
goods),
liquid
waste,'or
non-burnable
construction
materials
and/or
demolition
debris,
that
in the
judgment
of
the
managers
of
the
facility
(A)
may
present
a
substantial
endangerment
to
public
health
or safety,
(B)
may cause
applicable
air quality or water
effluent
standards
to
be
violated by
the
normal
ogieration
of the
facility,
or
(C)
has a
reasonable
possibility
of adversely
affecting
the
operation
of
the
facillty,
unless
such
unacceptable
waste
is
delivered
in rninimal
quantities
and
concentrations
as
part
of normal collections
in which
case
it shall
constitute
accePtab
le
waste,
13. Hazardous
waste
shall
not
be acceptable
at
the
facility. Hazardous
waste
means
that
portion
of
solid
waste which by reason
of lts
composition
or
characteristics
is
(A)
hazardous
waste
as defined
in
the
Solid
Waste
Disposal
Act
41
U.S,C.
ss6901
elseg'
and
the
regulations
thereunder
or
ln
Section
22A-209-1
of
the
regulations
of
Connecticut
State Agencles,
and
any succeeding legislation
or
regulations
or amendmenb
to
the
foregoing,
(B)
materlal
which
a
governmental agency
or unit
having appropriate
jurlsdiction
shall
determine
from
time
to
time
is harmful,
toxic or
dangerous,
or
.
otherwlse
ineligible
for
dlsposal
through
.the
facility,
of
(C)
a
material
which
would
result in
process
residue
belng
hazardous
waste under
(A)
or
(ts)
above.
'
"."'
f
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8/10/2019 Ansonia Trash Lawsuit
10/13
I
L4,
For
purposes
of
this
Agreement,
the
word
ton
shall
mean
"shoft
ton"
of
2,000
pounds
avolrdupois
15. This
Agreement
shall
terminate
when
Ansonia
,
becomes
a
full
mernber
of
the
BRRFoC.
IN
WITNESS
WHEREOF,
the
parties
have
hereunto set
their hands
this
_h,(t*
day
of
MAJ,
. ._,
Z0OB.
CITY
OF
ANSONIA
I
BRISTOL.RESOURCE
an
S,
Bilmes
-
8/10/2019 Ansonia Trash Lawsuit
11/13
scHEpuLF_1-
#Tons
During 12 Month
Period
That
Ansonfa
Brings Residential
Waste
to Covanta Bristol
Facillty
Or
to
Alternate
Disposal
Slte
on
Behalf of BRRFOC
4,680
or more
From
3,376 to 4,679
From 2,151
to
3,375
From
1,001to 21150
From 0
to
1,000
Tons
DEFINITIONS
rlPPIN,$
FEE/roN
$s7.00.
$ss.o0
$s3,oo
$51,00
$4e,00
"Calendar
Week means
a
Monday through
the immedlately
following
Sunday.
"Residential
Waste"
means
the
MSW handled
through
the
City of Ansonia's
transfer
station on
North Division
Street
and
transpofted
on
transfer
trailers
to
Covanta
Bristol, Inc.
Ansonia
agrees
that, with 48
hours notice
prior
to the
staft
of the Calendar Week, Ansonia
will
provide
at
least 170 tons
of Residential
Waste
during
the
Calendar
Week,'
-
8/10/2019 Ansonia Trash Lawsuit
12/13
MoNItl
July,2008
August,2008
September,2008
October,
2008
Novemberr 2008
December,2008
January
2009
February, 2009
March,
2009
Aprll,
2009
May,2009
June,2009
SCHEDULE
2
ANSONTA',S
REsIqF,$rJ4f,
WAsrF
-?f,
tso
&-fb
fl?
7{o
,:t/-{
t-u._
7ob
za{
7ab
'
?7(
I /Aa
-
8/10/2019 Ansonia Trash Lawsuit
13/13
r-
I
l'
I
t'
('r
sctfEpulE
3
During
the
initial
term
of this
Agreement,
BRRFOC
wlll
bill Ansonla
at
the
rate
of
$53.00/ton,
Within
60 days
of
June
30
of each
year,
a
statement
will
be
issued
surnmarizing
the
number
of Tons
of
Residential
Waste that Ansonia
has dellvered
and
the
credit
or
debit due
the
BRRFOC.
ExaFple
1:
Ansonia delivers
2,000
tons
annually.
According
to
Schedule
I,
the
tipping fee
would
be
$51/ton.
But
BRRFOC
will
have bitled
Ansonia
$53/ton
during
the
year.
BRRFOC
would
owe
Ansonia
($53
-$51)
x
2,000=
$4,000'
EXEfnple
2:
Ansonia delivers
6,000
tons
annually.
According
to Schedule 1,
the tipping
fee
would
be
$57ton.
,
But
BRRFOC
bitled
$53/ton
during
the
year.
Ansonia
would
owe
BRRFOC
($57
-
$53)
x
6,000
=
$24,000.
1'*