2024 could bring resolution to the ongoing legal battle between Port St. Lucie, Waste Pro

PORT ST. LUCIE — The years-long legal battle between the city and its former trash collection company may come to an end in 2024.

Trial in a contentious lawsuit between the city and Waste Pro is set for July, according to a schedule agreed to by both sides of the dispute.

Attorneys for Waste Pro did not respond to requests to comment.

A spokesperson for the city indicated Port St. Lucie soon will enter a more-intensive phase of discovery.

That said, past statements and court documents paint a picture of how the two sides got to this point, and what might be next.

It's been a long journey

In 2021, the city sued Waste Pro, alleging it breached their contract — which was renewed in 2019 and intended to run until 2025 — by failing to meet agreed-upon standards of service. Though there had been complaints of missed routes and inconsistent pickups for years, they soared following the COVID-19 pandemic. In the first six months of 2021, the city received more than 7,000 complaints.

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According to court documents filed by the city, after repeated attempts to address the issues with Waste Pro the city decided to impose administrative charges on Waste pro as stipulated under their contract. Waste Pro responded by claiming it was unable to perform its services due to a "force majeure event" — a legal term for unforeseen circumstances — referring to the pandemic. According to the contract, Waste Pro claimed, neither party was liable for failing to fulfill requirements due to the event.

However, court documents reviewed by TCPalm include a Waste Pro executive's statement that the poor service was due to lack of workers, which the company said was a result of the pandemic. Waste Pro's contract with the city specifically states that a "labor shortage" is not a "force majeure event."

Waste Pro's "Notice of Force Majeure Events" was sent to the city in August 2021. The following month, the city filed its lawsuit, asking for a ruling on whether the company could make such a claim.

By February 2022, the situation had escalated further. According to the city's lawsuit, Waste Pro notified the city that it intended to terminate the contract and end garbage collection in six months if $1.2 million of the administrative charges, about 60% of what the city was withholding, was not returned.

The city instead expanded its lawsuit in March, claiming breach of contract. By May, the city selected FCC Environmental Services to replace Waste Pro.

From controversy to controversy

The contract with FCC proved controversial as well. It reduced twice-a-week collections down to one, and increased rates by nearly 50%. The city gave residents a one-time $36 credit, equal to about six weeks of garbage collection. There were also initial delays during the changeover, though complaints have decreased since.

The issue came up again at the Sept. 11 City Council meeting, when residents voiced frustration with rising property taxes despite the council lowering the tax rate. Some complained that the city dumped Waste Pro and went with a contract with FCC that was more expensive despite providing fewer pickups.

Sticking with Waste Pro was not an option because the company was threatening to walk away from the city, said Councilmembers and Mayor Shannon Martin. Councilman Anthony Bonna and Martin said they'd be open to letting residents vote on going back to twice-weekly pickups, but warned it would come with a cost, and said it would have required the same if Waste Pro was still the one picking up the trash.

"If we have an increased pickup there's going to be an increased cost for that service," Bonna said.

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More: Port St. Lucie begins picking new trash haulers; Waste Pro expected to bow out in September

That leaves the city and Waste Pro still locked in a court battle. Waste Pro filed a counterclaim against the city in March 2022, alleging the city, not the company, violated the contract by withholding the administrative charges and entering into an agreement with a new company despite an exclusivity clause.

After a number of procedural deadlines between April and June, the trial date and time are set for July 1. A settlement is possible between now and then.

Wicker Perlis is TCPalm's Watchdog Reporter for St. Lucie County. You can reach him at wicker.perlis@tcpalm.com and 504-331-0516.

This article originally appeared on Treasure Coast Newspapers: PSL and former garbage pickup provider still locked in legal fight