NEW BEDFORD — The City of New Bedford has sent a motion to the attorney for ABC Disposal, George Leontire, disputing four counts in a counter motion that ABC served on the City in August. The goal is to have a judge rule on those counts.

New Bedford City Solicitor Mikaela McDermott told WBSM that two of those counts say that ABC could exit the contract it has with the City due to the new policy that China has regarding accepting recyclables. McDermott said that there is nowhere in the contract that allows ABC to walk away from the City because of issues with China.

In another count, McDermott says that ABC claims the City breached the contract by failing to look at the cost analysis with respect to dealing with the China recycling issue. The City argues that it has no obligation to do so.

And the other count says that New Bedford violated the contract by failing to keep residents from keeping contaminated materials in their recycling bins. McDermott says the contract does not give that obligation to the city, but rather to ABC Disposal.

Leontire told WBSM ABC is "delighted" that the City has recognized "uncontrollable circumstance" as a defined term, even though the two parties disagree on whether it allows ABC to exit the contract. He also said the City has done nothing to enforce what items residents place in the recycle bins, although ordinances require them to.

Leontire added that ABC Disposal has 10 days to respond to the motion.

Read the entire court document here:

Rule 9A Mtn for Judgment on Pleadings Counts