'Not an Asbestos Project' Form Not Completely Filled Out

DEP issued a violation notice to landlord for filing an incomplete ACP5 (``Not An Asbestos Project'') notice. The form was required as part of landlord's application for a permit to do structural work in the building. It was signed, sealed, and submitted, as required, to DOB by a certified asbestos investigator. Landlord's asbestos investigator claimed that certain inspection and estimated work dates were omitted from the form due to unintentional clerical errors. The ALJ found that the error was inexcusable, and ruled against landlord. Landlord was fined $1,000. Landlord appealed, claiming it wasn't responsible for its asbestos investigator's errors. ECB ruled against landlord. By law, landlord is responsible for filing the ACP5 form, after it's been completed and signed by a certified asbestos investigator.

City of New York v. Lacher Koeppel Realty Corp.: ECB App. No. 15484 (9/22/93) [3-page document]