Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion

    Certification Scorecard — Week of June 22, 2026

    Top stories from March 2025

    3 factors force e-scrap processing onshore

    Data center boom sets up ITAD growth

    Certification Scorecard — Week of June 15, 2026

    Tzvika Shahaf of Blancco

    Blancco names new SVP of product strategy

    IT security driving plans, reshaping budgets

    Study cuts projected AI server e-waste by 90%

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion

    Certification Scorecard — Week of June 22, 2026

    Top stories from March 2025

    3 factors force e-scrap processing onshore

    Data center boom sets up ITAD growth

    Certification Scorecard — Week of June 15, 2026

    Tzvika Shahaf of Blancco

    Blancco names new SVP of product strategy

    IT security driving plans, reshaping budgets

    Study cuts projected AI server e-waste by 90%

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
No Result
View All Result
Home Recycling

Spat continues between Republic and Connecticut officials

byJared Paben
December 8, 2020
in Recycling
Closeup of a court gavel.
A judge has ruled that the Materials Innovation and Recycling Authority (MIRA) must pay $1.1 million in damages to a subsidiary of Republic Services. | BCFC/Shutterstock

A Connecticut judge last month ordered a public authority to pay Republic Services damages in a MRF operations contract dispute. Soon after, the saga took another turn, with Republic indicating it’s set to bow out of the agreement altogether.

The judge’s ruling marks a milestone in the legal battle between the Materials Innovation and Recycling Authority (MIRA) and FCR, LLC, which is owned by Republic Services, the second-largest residential garbage and recyclables hauler in North America (after Waste Management). FCR is under contract to operate a MIRA-owned MRF that sorts and markets recyclables from dozens of Connecticut communities. The ruling orders MIRA to pay the processor over $1 million.

However, the two sides remain at odds.

Following the judge’s Nov. 10 decision, which MIRA is appealing, Republic has decided to “walk away from the agreement six months before it ends,” according to a statement MIRA provided to Resource Recycling this week.

“Republic’s endeavor to leave their operating responsibilities six months before the end of their contractual commitment is both surprising and disturbing, especially given Republic’s oft-articulated commitment to municipal recycling,” Tom Kirk, president of MIRA, said in the statement to Resource Recycling. “The lack of regard for the adverse effect its premature exit will have on the 51 Connecticut municipalities MIRA serves is troubling.”

A spokesperson and attorneys representing Republic in the case couldn’t be reached by Resource Recycling for comment on Monday.

Arguing over contamination and operational issues

FCR used to be part of nationwide MRF operator ReCommunity, which was purchased by Republic in October 2016 for $165 million.

The Connecticut MRF contract was first signed in October 2013. At the time, it was signed by MIRA’s predecessor agency, the Connecticut Resources Recovery Authority, and FCR. Under the contract, MIRA, a quasi-public agency, collects and delivers recyclables to the MRF, which is operated by FCR.

Under the contract, FCR pays MIRA a tip fee for each ton delivered to the MRF, which is located in Hartford. FCR makes its money from the sale of recovered commodities. Residue from the MRF is sent to a Hartford waste-to-energy plant that is also owned by MIRA. FCR is allowed to tip a certain amount of residue at the incinerator for free but amounts over the limit incur fees.

In May 2019, FCR filed a lawsuit against MIRA in Connecticut Superior Court, and MIRA responded with a defense and its own legal claims.

Although a number of allegations were leveled, much of the case centers on what the contract says with regard to the percentage of contamination in single-stream recyclables delivered to the MRF. FCR maintains that the wording of the document prohibits MIRA from delivering to the MRF loads with over 5% contamination; MIRA maintains the 5% limit is not specified in the contract, citing other language suggesting a 10% limit.

Judge Carl Schuman wrote he was convinced that the contract does call for a 5% limit and that MIRA had breached the contract by delivering overly contaminated loads to the MRF. As a result, FCR was entitled to compensation under the agreement.

MIRA claimed FCR breached the contract because it failed to keep the MRF clean to the highest industry standards, leaving debris clogging machines and runways and piles of garbage outside. Schuman noted evidence supporting the allegation.

Additionally, MIRA said FCR accepted loads without inspection for years, only becoming concerned about contamination after China’s National Sword campaign resulted in a drop in recovered commodity prices.

Schuman’s decision came after a non-jury trial was held over seven days in September. In a number of ways, the decision was mixed for each party. Schuman found that FCR proved the contract called for a 5% contamination limit and that MIRA has defaulted on the contract. But he rejected FCR’s assertion that MIRA was acting in bad faith.

And when it came to calculating the damages owed to FCR, the judge also handed MIRA a few wins. He criticized some aspects of FCR’s damages calculation, and he noted FCR didn’t give MIRA effective notice of excess contamination during the early years of the contract. He slashed the damages by over two-thirds after finding that FCR was responsible for various operational issues at the MRF and that the company has been sending residue to the waste-to-energy plant that contained a high percentage of recyclables. He also agreed MIRA was owed the damages it sought in its counterclaim.

In the end, Schuman decided FCR was owed about $1.2 million and MIRA was owed $110,000. The net result is that MIRA owes FCR nearly $1.1 million.

Dispute over halt to MRF operations

In its statement to Resource Recycling, MIRA highlighted its wins: the judge determined FCR failed to comply with the maintenance and operations agreement, he awarded MIRA all the damages it sought, he agreed that MIRA administered the contract in good faith and he ultimately awarded FCR only one-fifth of the damages it sought at trial.

Still, MIRA on Nov. 18 appealed the 5% contamination finding to an appeals court.

Meanwhile, the parties are still jockeying in court over whether Republic is legally allowed to end the contract now. Republic’s market vice president, Nick Stefkovich, sent MIRA a Nov. 16 letter indicating that, as a result of the court judgment, the company will terminate the agreement and halt operations at the MRF as of Dec. 31.

In a Nov. 17 response letter, Tom Gaffey, director of recycling and enforcement for MIRA, argued Republic isn’t legally allowed to unilaterally terminate the agreement at this point. Gaffey said MIRA still disagrees with the judge’s determination on the 5% contamination rate, but in the weeks since the judgment, MIRA has been working cooperatively with FCR inspectors and rejecting loads with over 5% contamination.

In court filings, FCR’s attorneys said the company isn’t seeking to collect the $1 million payment during the appeal period, and they argued that ending the agreement will not result in irreparable harm to MIRA.

“The only ‘harm’ that MIRA can show flowing from the termination is that it may need to send the recycling materials to other facilities, or install a replacement contractor earlier than June 2021 when the Agreement expires,” according to FCR. “Both options may be more expensive for MIRA, but neither results in irreparable harm.”

In response, MIRA’s attorneys filed papers insisting chaos will ensue if Republic on Dec. 31 halts operations at a facility processing hundreds of tons of recyclables per day. They also claim the contract requires Republic to return MIRA’s equipment in the condition in which it was delivered, taking into account ordinary wear and tear, and that MIRA believes much of the MRF equipment will need to be fixed or replaced.

“The plaintiff cannot just leave the keys under the welcome mat on the 31st,” MIRA’s attorneys wrote.
 

Tags: ContaminationLegalLocal Programs
TweetShare
Jared Paben

Jared Paben

Related Posts

CalRecycle updates EPR covered materials list

CalRecycle awards $41m in grants, loans

byIsabella Burke
June 22, 2026

The funding from the state recycling agency is aimed at expanding recycling access, supporting workforce development and increasing textile recycling...

NYC, Mack Trucks unveil winning artwork

NYC, Mack Trucks unveil winning artwork

byAntoinette Smith
June 4, 2026

The five new hand-painted waste collection trucks feature themes of honor, resilience and care, and will operate in the city's...

Extruder pushes out natural HDPE pellets at KW Plastics in Troy, Alabama.

Rare look inside the world’s largest plastics recycler

byBrian Clark Howard
May 13, 2026

KW Plastics in Troy, Alabama is a leading recycler of PP and HDPE—here’s a glimpse behind the gates.

Bill to update New Jersey e-scrap program heads to governor

New Jersey recyclers talk EPR

byBrian Clark Howard
April 9, 2026

At the Association of New Jersey Recyclers’ spring meeting industry representatives discussed the state and future of the sector.

Wineries help create model for film recycling

Wineries help create model for film recycling

byAntoinette Smith
April 7, 2026

A collaboration between California wineries and the recycling value chain has provided a closed-loop model the partners aim to see...

Waste Connection recycling cart in The Dalles, Oregon

First Oregon community expands curbside recycling with EPR funding

byBrian Clark Howard
April 1, 2026

The City of The Dalles in northern Oregon is now rolling out nearly 5,000 new 90-gallon recycling carts to customers...

Load More
Next Post
Recycled plastic lumber firms report diverging results

Beverage giant to expand RPET use in Europe

More Posts

Niagara acquires Absopure, invests in plants

June 23, 2026
Ineos Styrolution closing Illinois plant

Ineos Styrolution closing Illinois plant

June 23, 2026
ICIS monthly recycled plastics pulse: Most Oct resin prices stabilize for fall

CA advances PET payments bill, posts DRS recovery rates

June 18, 2026
Recycling Symbol With Hands

TRP report calls for unified recycling process

June 24, 2026
Quebec film recycler expands into Mississippi

Quebec film recycler expands into Mississippi

June 18, 2026

Compliance push drives new Republic organics facility

June 18, 2026
College dorm room with boxes from moving day

What happens to college move-out waste?

June 19, 2026
CalRecycle updates EPR covered materials list

CalRecycle awards $41m in grants, loans

June 22, 2026
Towfiqu ahamed barbhuiya

CA mandates uniform food labels starting July 1

June 22, 2026
CAA seeks industry input on EPR fees

CAA seeks industry input on EPR fees

June 16, 2026
Load More

About & Publications

About Us

Staff

Archive

Magazine

Work With Us

Advertise
Jobs
Contact
Terms and Privacy

Newsletter

Get the latest recycling news and analysis delivered to your inbox every week. Stay ahead on industry trends, policy updates, and insights from programs, processors, and innovators.

Subscribe

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

No Result
View All Result
  • The Latest
  • Analysis
  • Recycling
  • E-Scrap
  • Plastics
  • Policy Now
  • Conferences
    • E-Scrap Conference
    • Plastics Recycling Conference
    • Resource Recycling Conference
    • Textiles Recovery Summit
  • Magazine
  • About Us
  • Advertise
  • Archive
  • Jobs
  • Staff
Subscribe
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.