Boxes Placed in Recycling Container for Collection

The DOS issued a violation notice to landlord for improperly placing recyclable materials for collection. The notice stated that there were five cardboard boxes left at curbside that weren't flattened or bundled. Landlord argued that the five cereal boxes in question were placed in a proper recycling container. The ALJ ruled against landlord because he put the boxes in a blue can with a blue label instead of a green can with a green label. Landlord appealed. The ECB ruled for landlord and revoked the $25 fine. Landlord's mislabeling of the recycling container wasn't relevant to the violation for placing unflattened boxes out for collection. Landlord put the boxes in a recycling container and wasn't required to flatten or bundle the boxes.

Cheng: ECB App. No. 39282 (3/30/04) [2-pg. doc.]