Asbestos Improperly Disposed of with Regular Trash

The DOS issued a violation to landlord for disposing asbestos-containing material with ordinary trash. Landlord didn't deny that the improper asbestos disposal occurred but claimed that its contractors had disposed of the asbestos. The ALJ fined landlord $3,000, and landlord appealed. Landlord claimed that the fine was too high because landlord didn't know that the trash contained asbestos. Landlord's general contractor was hired to do general cleanup to prepare for the asbestos removal by a licensed asbestos contractor. The general contractor didn't tell its employees of the asbestos. The employees removed the asbestos from basement pipes and stored it for garbage collection. There were 300 bags of garbage containing asbestos. The ECB found that given the quantity of asbestos involved, landlord should have closely supervised the general cleanup job. Landlord's appeal was dismissed.

[City of New York v. Artha Mgt.: ECB App. No. 7410 (5/22/91)]. 4-page document.