Plastic Trash Cans Must Be Covered

DOS issued a violation notice to landlord for having uncovered plastic trash cans outside the building. Landlord claimed that the applicable law required only metal cans to be tightly covered. The ALJ ruled against landlord and fined it $100. Landlord appealed and lost. Administrative Code Section 16-120(a) required landlord to maintain trash cans of metal or "other material of a grade and type acceptable" to DOS. The Code Section further stated that "metal containers shall be provided with tight fitting metal covers." Code Section 16-120(c) stated that "incinerator, residue, ashes, refuse and liquid waste shall be stored in the building" until time for removal and "kept in tightly covered metal receptacles or containers made of other materials of a type and material acceptable" to DOS. These provisions should be read together and interpreted to require tight-fitting lids to be maintained on both metal and plastic containers.

Barrow Firehouse, LP: ECB App. No. 0900380 (10/29/09) [2-pg. doc.]