Landlord Liable for Certified Workers Hired by Contractor

The DEP issued a violation notice to landlord for not using certified workers to conduct asbestos abatement activities. Landlord claimed that the workers were hired by his general contractor and that he didn't know they weren't certified. The ALJ ruled for landlord, and the DEP appealed. The ECB reversed and imposed a $1,500 fine on landlord. Landlord is responsible for proper performance of asbestos abatement by any of its contractors, employees, or other representatives.

City of New York v. Bernstein: ECB App. No. 16702 (3/31/93) [2-page document]