Nonrecyclables Put in Recyclable Container

DOS issued a violation notice to landlord for leaving a recycling container containing nonrecyclable trash on the curb outside the building. Landlord objected to the violation. The ALJ ruled against landlord and fined it $25. Landlord appealed and lost. City law requires landlord to sort through the recycling container before it's put out for collection and remove any nonrecyclables. Landlord claimed that having to do this put someone at risk for coming into contact with used hypodermic needles and other dangerous substances. But this wasn't sufficient excuse to overcome the requirement to separate recyclables from other trash.

228 W. 10th St. Realty Corp.: ECB App. No. 35304 (5/15/02) [2-pg. doc.]