Incinerator Not Properly Sealed

DEP issued a violation notice to landlord for having an incinerator capable of being used after June 28, 1993. Landlord showed that it made a good-faith effort to discontinue use of the incinerator. But the incinerator wasn't properly sealed. The ALJ ruled against landlord and fined it $875. Landlord appealed, claiming that it complied with Local Law 39 by locking all of the incinerator rooms with chutes as of the required date. Landlord also claimed that DEP's delay in issuing rules under the law prevented it from full compliance. Landlord also argued that the fine was too high, given its good-faith efforts. ECB ruled against landlord. Landlord admitted that its actions didn't satisfy the requirements of DEP rules. Any delay in compliance was landlord's responsibility. And the fine imposed was the minimum required by law.

Brudava Corp.: ECB App. No. 19913 (8/9/95) [3-page document]