A judge said he is going to order Hermitage to accept new bids for solid waste collection, but is waiting until Wednesday to file his order.

Mercer County Common Pleas Court Judge Thomas R. Dobson said he is allowing attorneys to file briefs to make sure he’s not missing something.

The impending decision has thrown city officials into a tizzy as they figure out how to provide garbage pickup past Jan. 31 while meeting requirements of the bidding process.

City commissioners awarded a contract Dec. 23 to Waste Management, of Moon Township, Allegheny County, for pickup of garbage, recycling and yard waste. Tri-County Industries, Pine Township, immediately protested, arguing that it submitted a better bid and that Waste Management’s was incomplete, and followed it with a request for an injunction filed by itself and city resident David C. Mancino against the city, the city commissioners and Waste Management.

At a hearing Thursday, Dobson said he was not going to take testimony as to who was the actual low bidder or any issues that infringed upon the executive authority of the commissioners.

He narrowed the issues to whether Waste Management included the proper documentation that it had places to send recycling and yard waste. Tri-County argued that a Waste Management official incorrectly signed the certification himself, while providing letters from its subcontractors. Tri-County had its recycling and yard waste sites sign the certification papers.

Hermitage Community Planner Jeremy P. Coxe said he relied on solicitor Thomas W. Kuster’s opinion as to whether Waste Management’s bid was proper. As far as Coxe was concerned, West Management met the requirements of the bid specification, Coxe said.

Kuster said Waste Management “provided the assurances we were looking for” as to whether their sites for recycling and composting had the proper permits, but, ultimately, it would be up to Waste Management to properly dispose of the items should the current subcontractors no longer be able to provide the service.

“If there is a problem we would be looking to Waste Management to correct that,” Kuster said.

Commissioner William J. Moder III added that a performance bond from Waste Management would protect the city should Waste Management not be able to fulfill the contract.

Moder said he voted to award the contract to Waste Management — the staff’s recommendation — because its tender was the lowest, responsible, responsive bid.

Dobson was focused on the wording of the specifications that spelled out what was required of bidders. He said he was leaning toward Tri-County’s interpretation, but also could see Waste Management’s argument. That’s why granting the injunction and rebidding the contract is the proper remedy, he said.

“The citizens of Hermitage will benefit,” Dobson said. “The bids will ultimately be lower because everybody knows the cards,” Dobson said. “Someone will have to come in lower.”

City officials mildly protested Dobson’s decision to issue his opinion next week because of the difficulty in getting bid specifications updated and bids advertised, opened, reviewed and awarded when the current contract with Tri-County ends Jan. 31. Some worried that the successful bidder could be ready to start so soon.

City officials had brief discussions with Tri-County officials about extending the contract, but Tri-County’s attorney, Alan Miller, said they had some issues to work through — such as how much Tri-County would get paid — before they could strike a deal.