Peabody withholds payments, pursues lawsuit after Republic Services work stoppage; injunction denied

Peabody Mayor Bettencourt updated the City Council on Monday that Republic Services has failed to perform required weekly trash and recycling collections and that the city is pursuing legal remedies while withholding contract payments. "They are clearly in breach of the contract where they're required to pick up all trash and recycling every 7 days," the mayor said.

The city has joined or coordinated with other municipalities in litigation alleging public‑health nuisances caused by missed collections; the suit sought injunctive relief requiring Republic to add trucks and personnel. The judge denied the requested injunction "without prejudice," the mayor said, meaning the underlying lawsuit continues and the city may refile the emergency request.

Why it matters: the stoppage has affected city operations and residents' health and safety, the mayor said, and the city is documenting costs to support future breach‑of‑contract claims. "We need to make sure our legal interests are protected, our financial interests are protected, and the public health of our residents are protected as very best we can," Bettencourt said.

City actions and operational impact The mayor said Peabody and 13 other communities served by Republic are affected; contracts differ across jurisdictions so coordinated contract claims will vary. The city is logging damages and additional costs it has incurred, including police details and extra landfill/drop‑off days. Bettencourt said the city has not made any payments to Republic since the strike began and will withhold payments while it calculates costs to deduct from monthly bills.

Bettencourt said the city's monthly cost for the contract is about $200,000: roughly $125,000 for trash and $75,000 for recycling. Under the current contract timeline the city has about six years remaining, the mayor said, after the city exercised an extension option last year.

Operational details and constraints City officials described erratic pickup patterns reported by residents: whole streets, one side of a street, cul‑de‑sacs, and recycling on some days but not others. Councilors and staff discussed the drivers' federal/state work‑hour constraints the mayor described as a 60‑hour weekly limit that triggers a required off‑duty period; the mayor said drivers who reach the limit must take 36 hours off the road.

Councilors asked the administration to press Republic for clearer daily schedules and to prioritize streets repeatedly missed. "It's difficult to know, when their service is gonna stop," Councilor Higgins said, asking for clearer operational hours and more predictable routing so residents know whether to leave trash at the curb. Director of Public Services Will Pollitz advised residents avoid putting out large bulk items while pickup capacity is limited: "It'd be better to utilize Republic's limited ability on the street to pick up the actual trash," Pollitz said.

Public‑health and municipal responsibilities Mayor Bettencourt said the police, public‑services and health departments have been heavily engaged and that there are three active sites in the city where officers are posted around the clock. The mayor said police‑detail costs are the responsibility of Republic Services and should be billed to the company, not the taxpayers. Health Director Sharon Cameron provided a memo to councilors, the mayor added, outlining health‑department actions (memo referenced by the mayor; details not read into the public record).

Labor and negotiations Councilors asked about negotiations. The mayor said the Teamsters presented an offer to Republic on July 18 and had not received a response; a councilor noted the federal mediator cannot compel parties to meet. The administration also said a previously responsive Republic contact for councilors and staff had stopped returning messages in the prior 72 hours, complicating coordination.

What comes next The mayor said the city will continue to document damages and pursue contractual claims and will consider how to handle the remaining contract term once immediate issues are resolved. Councilors asked staff to press Republic for clearer routing information and to prioritize streets repeatedly missed. The city convened in executive session earlier in the evening to discuss pending litigation; no public motions were made during that closed session.

Community guidance City leaders said they will continue to push updates through robocalls, social media and the city website, and they have provided limited landfill/drop‑off opportunities to residents. Officials advised residents to leave curbside trash out when scheduled because pickup times are unpredictable; they discouraged placing nonessential bulk items at the curb until service normalizes.

Ending note Mayor Bettencourt told the council he appreciates residents' patience and said the city will pursue legal and operational remedies while documenting short‑ and long‑term costs.