Emergency Boiler Repairs Didn't Disturb Asbestos

The DEP issued violation notices to landlord because samples taken from the building and surrounding areas contained asbestos. The building's boiler had developed leaks, requiring emergency welding. Landlord claimed that it had properly disposed of all material that chipped off during the repair process, and that it had promptly hired a licensed asbestos abatement company to perform proper abatement procedures. The ALJ dismissed the violation notices because the DEP inspector didn't show up at the hearing. The DEP appealed, and the ECB ruled for landlord. Landlord had neither disturbed nor removed asbestos from the boiler during the welding repair work---the asbestos found in the samples came from an unknown source.

City of New York v. Haugh & Walsh: ECB App. No. 18897 (12/15/93) [3-page document]