Two lawsuits aimed at halting the city's plan before it goes into effect Oct. 2. were filed Thursday in Lancaster County Court.

Lancaster attorney William W. Boyd filed a motion for a preliminary injunction that would at least temporarily stop the plan. Named as defendants are Lancaster city and Lancaster Solid Waste Management Authority.

The lawsuit was filed on behalf of the Lancaster Independent Trash Haulers Association, which includes Christopher P. DeSanctis, Gary Hummer, David Nace, Willie Shell, Patrick Spinello, Robert Wall and Charles White. The action claims the city and the waste authority "have conspired to disrupt and potentially cripple the lawful businesses of the plaintiff's members, who have been and are being irreparably harmed" by the new law.

Lancaster Mayor Rick Gray, an attorney, said Thursday he had not seen a copy of the lawsuit.

"It'd be nice if they gave us a copy of these lawsuits before giving them to the newspapers," Gray said.

The civil suit claims the city's new trash ordinance is "in direct violation" of Act 90, the state's Waste Management Transportation Act. This act states "no municipality may implement a municipal waste or residual waste transportation authorization or licensing program" after the act's approval date of June 29, 2002, according to the lawsuit.

Boyd cited a case in Lower Merion Township.

"The local municipality passed regulatory and licensing measures, and the independent haulers challenged that," Boyd said. "The Commonwealth Court agreed and struck down local regulatory stuff."

The action filed by Boyd also calls into question the city's billing plan. Under the ordinance, the city will honor contracts residents made with independent haulers prior to July 25, the date the new ordinance was passed.

The suit, however, claims "thousands" of customers, still under contract to the independent haulers, are receiving bills from the city, even though the haulers sent their customer lists to City Hall.

"Such billing represents a direct violation of the ordinance's declaration to 'honor existing contracts' and is a direct interference with the contracts Plaintiff members have with their customers," the lawsuit states.

The motion for the injunction asks the city to "cease and desist from interfering with all lawful contracts" and stop "billing customers of the Plaintiff's members for services they have already contracted for."

In addition, the lawsuit asks that the solid waste authority "issue a retraction" to the "objectionable language" in a brochure outlining the new plans that tells city residents to "contact your current hauler to determine if they owe you a refund for any prepaid services you will no longer need as of Oct. 2, 2006."

Boyd said, "We are taking the approach that the ordinance is a direct interference with the contractual relationships the haulers have with their customers."

Boyd believes the city's billing of people who have valid contracts with other haulers could have dire consequences.

"If they get a lot of customers who are paying other haulers and not paying the city, then the city can't collect the revenues it anticipates," Boyd said. "They can't afford to have 5,000 or 6,000 people not paying them."

Gray said he believes the city has not yet begun billing for trash services. As for the suit itself, Gray said, "We'll have our solicitor take a look at it and see if it has any merit at all."

Earlier Thursday, another suit was filed by attorney Jerome Finefrock on behalf of Dustra Corp.; Shell's Disposal & Recycling Center Inc.; Professional Properties Services Inc.; Robert L. Wall, doing business as Bob's Hauling; Charles C. White Jr.; Joseph B. Pozza; Archer L. Morgan Jr.; and Donald E. Wesley.

The suit contends Gray acted outside his authority by seeking bids and awarding a contract that made York Waste Disposal the city's sole collector of residential trash.

The city now has about 24 independent haulers serving 17,000 households. That would change Oct. 2, when York Waste becomes the sole collector for all properties with four or fewer housing units.

Though the city said it will honor contracts between residents and independent haulers signed before July 25, Gray warned those who signed contracts after that date will get two trash bills — one from their hauler and one from the city.

Despite the legal attempts to block the plan, Gray said the city is "proceeding as planned."

Gray also has scheduled a series of meetings with city residents to discuss the plan. The first is set for Monday at 6:30 p.m. at Reynolds Middle School, 605 W. Walnut St.