Landlord Set Up Separation System for Recyclables

(Decision submitted by attorney Robert Susser, who represented the landlord.) DOS issued a violation notice to landlord for mixing recyclables with other trash that was placed out for collection. DOS inspector found cups and DVD cases mixed into a container designated for metal, glass, and plastic. Landlord asked the ALJ to dismiss the violation. Landlord claimed that it complied with pre-collection requirements of the recycling laws. The ALJ ruled for landlord and dismissed the violation. Landlord maintained a storage area for pre-recycling, provided a sufficient number of clearly marked containers, posted recycling information in the building lobby, gave written recycling instructions to tenants at lease signing, periodically sent reminders to tenants, and had the building super check containers for compliance. Landlord therefore complied with recycling rules by instructing its tenants on proper source separation.

Perry Mansions: ECB Violation No. 043371365N (9/28/09) [1-pg. doc.]