Work Qualified as Small Asbestos Project

DEP issued a violation notice to landlord for a number of asbestos abatement violations. Landlord argued that there were no violations. Landlord had originally filed a notice with DEP stating that a large asbestos project was being done. But landlord and its contractor later realized that only a small project was needed. Landlord mailed DEP an amended notice of the work being done, which DEP apparently never received. The violations landlord was charged with applied only to large projects. The ALJ ruled against landlord, and landlord appealed. ECB reversed, and ruled for landlord. Landlord's amendment notice was only one factor in determining the size of the asbestos project. There was other proof available to DEP at the time of inspection that this was a small project and that only the small project regulations applied.

City of New York v. Miller & Katz: ECB App. No. 11403 (6/30/93) [3-page document]