Pipe Encapsulant Must Be Pigmented

DEP issued a violation notice to landlord for not coating pipes with a pigmented (colored) encapsulant after removing asbestos. Landlord claimed that he coated the pipes with an off-white coating that soaked into the pipes. The ALJ dismissed the violation finding that landlord coated the pipes, but the coating had been absorbed by the rusty pipes. DEP appealed, claiming that the regulation required the coating to be visible. ECB ruled for DEP. The coating must be colored so that an inspector can tell if it was applied.

City of New York v. Clemens Properties: ECB App. No. 12484 (9/22/93) [2-page document]