Landlord Not Responsible for Recycling Street Debris

LVT Number: 14763

DOS issued a violation notice to landlord for not separating recyclables from other trash. Landlord claimed that the added ``recyclables'' were street debris that he added to the garbage that was put out in front of the building for collection. The ALJ ruled against landlord and fined him $25. Landlord appealed. ECB ruled for landlord. Even if the debris were bottles or cans, it hadn't been rinsed out or otherwise properly prepared for recycling. And landlord reasonably claimed that it wasn't responsible for recycling street debris.

DOS issued a violation notice to landlord for not separating recyclables from other trash. Landlord claimed that the added ``recyclables'' were street debris that he added to the garbage that was put out in front of the building for collection. The ALJ ruled against landlord and fined him $25. Landlord appealed. ECB ruled for landlord. Even if the debris were bottles or cans, it hadn't been rinsed out or otherwise properly prepared for recycling. And landlord reasonably claimed that it wasn't responsible for recycling street debris.

Joseph: ECB App. No. 33248 (10/25/00) [2-pg. doc.]

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