Landlord Proved Compliance with Recycling Rules

DOS issued a violation notice to landlord for mixing recyclables with nonrecyclables. The DOS inspector found a black bag in front of landlord's building containing recyclable plastic, paper, and cardboard along with household waste. Landlord claimed that he complied with recycling rules. The ALJ ruled against landlord and fined him $25. Landlord appealed and won. Landlord clearly labeled recycling containers and instructed tenants to source separate the recyclables, and the building super checked bags before they were placed out for collection. Landlord also displayed recycling posters at the mailboxes and distributed DOS recycling literature to tenants. The fine was revoked.

Davis: ECB App. No. 900405 (2/25/10) [2-pg. doc.]