No Proof Cardboard Mixed with Nonrecyclables Was Soiled

DOS issued a violation notice to landlord for mixing recyclables placed out for collection with other trash. Landlord protested, but the hearing officer ruled against landlord and fined it $200. Landlord appealed and lost. Landlord claimed that the boxes and plastic containers mixed in with regular trash were very likely soiled and therefore not proper recyclable material. Landlord said its building super and tenants were instructed on what to recycle. But landlord didn't personally observe what was placed out for collection. And neither the building super nor tenants had testified. Landlord believed that the cardboard observed by DOS was soiled pizza boxes, but there was no proof of this.

665 West End Ave Corp.: ECB App. No. 1500158 (3/26/15) [3-pg. doc.]