Landlord Fined $25 for Mixing Recyclables in with Other Trash

DOS issued a violation notice to landlord for mixing recyclables in with household waste for collection. The building had fewer than nine dwelling units and the DOS inspector found that more than five plastic bottles, aluminum cans, and cardboard boxes were mixed in the other trash. Landlord claimed that the DOS inspector saw the items before they were prepared to be placed at the curb. The ALJ ruled against landlord and fined him $25. Landlord appealed and lost. Designated recyclable materials must be source-separated, and not placed out for collection in the same container as non-designated material. The fact that the items were all outside the building showed that they were properly considered as having been placed out for collection.

Liccese: ECB App. No. 1601092 (12/15/16) [1-pg. doc.]