Access Not Provided to Asbestos Inspector

July 31, 2000

LVT Number: 14272

DEP issued a violation notice to landlord for not allowing DEP access to inspect landlord's asbestos removal project. The ALJ ruled for landlord and dismissed the violation, finding that DEP's inspector made only a partial attempt to gain access. DEP appealed and won. The inspector did all she should have reasonably done to gain access to the basement where the asbestos removal was being done. She repeatedly rang the building's super's buzzer for over half an hour. No one answered or came or went from the building during the entire time. Landlord was fined $2,200.

DEP issued a violation notice to landlord for not allowing DEP access to inspect landlord's asbestos removal project. The ALJ ruled for landlord and dismissed the violation, finding that DEP's inspector made only a partial attempt to gain access. DEP appealed and won. The inspector did all she should have reasonably done to gain access to the basement where the asbestos removal was being done. She repeatedly rang the building's super's buzzer for over half an hour. No one answered or came or went from the building during the entire time. Landlord was fined $2,200.

A&C Realty LLC: ECB App. No. 33769 (5/31/00) [3-pg. doc.]

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