IESI Landfill, Bethlehem, appeared before the Whitehall Township Board of Commissioners earlier this month, contending they should be granted a five-year refuse disposal contract.

The company was the lowest bidder, despite its failure to submit some paperwork that may have ruled the company out when awarding the contract.

The missing certificate of authority was not part of the bid package IESI submitted to the township for the contract, which begins in January and the contract with J.P. Macaro & Sons expires.

"It was an oversight," Samuel Donato, IESI manager, told the commissioners.

The omission was a technical error, one that should not rule out the firm's bid that included posting the 10-percent bond as required, he said.

The savings to the township and its residents over the five years would amount to $32,500, Dinoato and New York counsel for IESI said.

IESI said the landfill is 20 miles closer than that of the second bidder. IESI has a landfil in Lower Saucon Township, said to be the former City of Bethlehem landfill. Waste Management, second in bidding, has a landfill in Plainfield Township.

An attorney for IESI said the Pennsylvania Supreme Court addressed a similar issue earlier and ruled a bid could be awarded, although paperwork was not submitted.

"It's unfortunate," township Solicitor Charles Fonzone said, mentioning the oversight is important in the process.

"It's a black and white thing, not a gray one," Commissioner Thomas Slonaker said in regard to IESI not including the certificate of authority.

"It was a material oversight on our part," Donato said.

Mayor Edward D.Hozza Jr. said the matter will come before the commissioners in October or November for a vote.

He explained for the first time the township split the bid into three contracts, such as Palmer Township and Easton. The three contracts include the recycling processing center, municipal solid waste disposal site and collection and transportation of trash and recyclables.