Removal of Recyclables Placed Out for Collection Is a Violation

DOS issued a violation notice to a person who took an air conditioner that had been placed out for collection as a recyclable, placed it in his car, and drove away. The person objected, claiming that he knew of no prohibition against removal of recyclables by motor vehicle. He said that it was a tradition in his neighborhood that anyone wishing to make use of disposed of items was free to take them. The ALJ ruled against the person and fined him $2,000. The person appealed and lost. He claimed that imposing the maximum penalty was unfair. ECB upheld the fine. There was no requirement for prior notice or warning of a potential sanitation code violation. And the penalty imposed wasn't the maximum. It was the first-offense penalty specified in Code Section 16-118(7)(f)(1)(i).

Xu: ECB App. No. 1111114 (4/26/12) [3-pg. doc.]