Landlord Fined for Placing Recyclable Paper in Black Plastic Bags

DOS issued violation notices to landlord for placing recyclable paper out for collection in black plastic bags. Landlord claimed that he placed the bags in a rigid recycling container properly identified with DOS recycling decals. Landlord argued that the law required placement in either clear plastic bags or in the recycling container. The ALJ ruled against landlord and fined him $50 for two violations. Landlord appealed and lost. DOS claimed that recyclables must be placed only in clear plastic bags, even if they are also placed in labeled recycling containers. The intent of the rule was so that DOS collectors could readily see whether items were properly being recycled. ECB deferred to the DOS's interpretation of its recycling rules.

Rothstein: ECB App. No. 46259 (10/25/07) [2-pg. doc.]