Notice to DEP by Fax Okay

November 1, 1996

LVT Number: 10975

DEP issued a notice of violation to landlord for not filing a timely notice of the beginning of a lead abatement project. Landlord's contractor claimed that the required notice was faxed to DEP on May 8, 1995, 24 hours before work began. The ALJ ruled against landlord, since there was no proof of confirmation or receipt for the fax transmission. Landlord appealed and submitted a DEP document receipt confirmation memo, dated Aug. 23, 1995, which admitted receipt of the fax. ECB ruled for landlord.

DEP issued a notice of violation to landlord for not filing a timely notice of the beginning of a lead abatement project. Landlord's contractor claimed that the required notice was faxed to DEP on May 8, 1995, 24 hours before work began. The ALJ ruled against landlord, since there was no proof of confirmation or receipt for the fax transmission. Landlord appealed and submitted a DEP document receipt confirmation memo, dated Aug. 23, 1995, which admitted receipt of the fax. ECB ruled for landlord. Landlord proved it had complied with the requirement to notify DEP of a lead abatement project between 24 and 96 hours before beginning the work.

601 West Assocs.: ECB App. No. 23875 (5/29/96) [2-page document]

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