Notice of Mercury Spill Violation Improperly Delivered

DEP issued violation notices to landlord for failing to comply with an order dated June 25, 2001, which directed landlord to cure a mercury spill condition in tenant's apartment by July 2, 2001. DEP's order was issued under Administrative Code Section 24-603(g). This provision gave DEP the power to order "responsible persons" to respond to hazardous conditions. Landlord claimed that DEP's order wasn't delivered to a person responsible for the building, so it had insufficient time to comply with the order in a timely manner. The ALJ ruled against landlord, finding that the inspector's delivery of the order to the building super was proper delivery and gave landlord adequate notice. Landlord appealed and won. The order wasn't delivered personally or by mail to landlord's address. The order listed landlord, which was a corporation, and not the building super, as the person responsible for the building. The building super was neither the property manager nor an officer or director of the corporation.

O & S Management Corp.: ECB App. Nos 39599-36000 (11/17/08) [3-pg. doc.]