Landlord Didn't Use Cardboard Carton for Recyclables

DOS issued a violation notice to landlord for putting recyclables out for collection in a cardboard box on a non-collection day. Landlord claimed that one of her garbage receptacles broke, so she placed a few small bags tied together in a small cardboard carton on top of her other trash receptacle. The ALJ ruled against landlord and fined her $25. Landlord appealed. ECB ruled for landlord and revoked the fine. Landlord stated believably that the cardboard carton was being used as a receptacle and wasn't placed out for recycling pick up.

Lehrer: ECB App. No. 25740 (8/14/96) [2-page document]