Vehicle Owner Not Responsible for Use of Van to Illegally Remove A/Cs

DOS issued a violation notice to a vehicle owner whose van was used to remove three refrigerant-containing air conditioners that had been placed out for DOS removal in front of landlord’s building. This was illegal removal. The van owner claimed that she didn’t know that her domestic partner had taken the van and removed the air conditioners. The ALJ ruled against the van owner and fined her $500. The van owner appealed and won. She again argued that she didn’t authorize the illegal use of her van. ECB has previously ruled that a family member cannot be found to have given permission for illegal dumping based on mere usage alone. ECB revoked the fine.

Mitchell: ECB App. No. 1600126 (3/31/16) [3-pg. doc.]