Asbestos Found in Boiler Room

The DEP gave landlord a violation for failing to comply with city asbestos regulations. Landlord's asbestos abatement contractor didn't clean all visible asbestos residue from boiler room surfaces and verify the absence of asbestos-containing material (ACM) waste before starting clearance air monitoring. At a hearing, landlord claimed that its asbestos abatement and air-monitor contractors found no asbestos. The ALJ didn't find the contractors' statements credible and fined landlord $2,500. Landlord appealed. The ECB denied landlord's appeal. Landlord is strictly liable for its contractor's actions because asbestos is an inherently dangerous substance. The ALJ had already reduced the amount of the fine, given landlord's reliance on the contractor.

[Carroll Associates: ECB Appeal No. 7721 (5/27/92)]. 3-page document.