Juice Cartons Not Considered Paper Recyclables

DOS issued a violation notice to landlord for improperly mixing recyclables, after its inspector found juice cartons in a plastic bag along with soiled paper and cardboard. Landlord admitted that the building staff mixed juice cartons with newspapers and cardboard boxes. The ALJ fined landlord $100. Landlord appealed and lost. Landlord claimed for the first time that DOS hadn't picked up the recyclables left out on recycling day and that passersby placed the juice cartons in the bag. ECB wouldn't consider this claim made for the first time on appeal. Beverage cartons must be placed with metal, plastic, and glass recyclables and are not considered paper.

Marcellino: ECB App. No. 1400133 (4/24/14) [1-pg. doc.]