ansonia trash lawsuit

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


2/13

{

\.

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


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


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


5/13


6/13

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


7/13

,,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


8/13

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


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


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


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,'


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


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'*

ansonia trash lawsuit

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