One Notice Form Filed for Four Buildings

DEP issued a violation notice to landlord for submitting only one notice form for an asbestos abatement project that covered four different buildings. Landlord's property consists of seven different buildings that share one block, one lot number, and one heating system. Landlord got only one real estate tax bill and water bill for the property. Still, the ALJ fined landlord $2,000, and landlord appealed. The ECB ruled for landlord. In this situation, the asbestos control rules don't clearly require separate filings. Landlord can't be found to violate a requirement that's not stated in the regulations.

City of New York v. Concord Village Owners Corp.: ECB App. No. 12480 (9/22/93) [2-page document]