Shopping Bag Is Improper Trash Receptacle

DOS issued a violation notice to landlord for using an improper receptacle for garbage disposal. The DOS inspector saw cardboard and mixed paper left in a black paper shopping bag placed out for collection. Landlord claimed that he didn’t intend to place garbage out in unsecured containers but had merely removed lids briefly so that strings could be attached to secure them and to prevent their being blown away by the wind. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. A shopping bag is never a proper receptacle for garbage placed out for DOS collection. Landlord’s claim was nonresponsive to the actual violation. Unsecured metal containers or untied plastic bags weren’t the issue.

Chin: ECB App. No. 1200430 (830/12) [2-pg. doc.]