No Mitigated Penalties for Asbestos Project Violations

DEP issued violation notices to landlord for failing to file an asbestos project notification form seven days before work started and for failing to retain an independent third-party air monitor. The ALJ fined landlord a total of $7,200. Landlord appealed, claiming that he was advised at the initial hearing date that he could receive mitigated penalties. ECB ruled against landlord. A mitigated penalty may apply for a violation only if a landlord signs a stipulation offered by DEP. There was no stipulation in this case, so mitigated penalties weren't available. The fines imposed were correctly applied.

Jiang: ECB App. No. 1200861 (1/31/13) [1-pg. doc.]