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On 3/26,2021, Judge Ernest M. Caposela, the Assignment Judge of Passaic County, dismissed out of hand a challenge by Gaeta Carting of the award by the Borough of Hawthorne of two 5-year contracts - one for collection of solid waste, and one for collection of recyclables - to Recycle Track Systems NJ ("RTS"). The Court found that RTS had every right under New Jersey law to bid on the contract. The Court focused heavily on cost savings to taxpayers, which amount to $725,000 over the five-year period.
Borough Attorney Michael J. Pasquale stated that. "From the beginning, this case was about money, nothing more. The law and the facts clearly supported the position of the Borough."
Reacting to the victory, Hawthorne Mayor Richard S. Goldberg stated, " This is a great day for our taxpayers who should not be saddled with an even greater increase in cost for this service."
RTS has successfully partnered with local haulers to provide collection services in various New Jersey municipalities. In Hawthorne's case, RTS will be partnering with B&B Disposal to bring professional management and financial stability to the company who has held Hawthorne contracts for the past five years. It is expected that this partnership will provide the Borough with greater assurance that the services will be provided professionally.
Gaeta had received an award of the Borough's five-year contract for collection of yard waste and bagged leaves, an action that was not at issue in this lawsuit.