Asbestos Mixed with Other Trash

DOS issued a violation notice to a boiler installer for transporting asbestos-containing material mixed with other waste. The inspector found the material mixed in with cardboard placed out for collection on the curb in front of landlord's building. The boiler inspector denied having done this. The ALJ ruled against him and fined him $6,000. He appealed and lost. The installer's work on the boiler created the asbestos-containing material. He'd removed loose pipe insulation while replacing the boiler. The installer was responsible for removal of the asbestos-containing material. So it didn't matter whether he placed it on the curb or instructed landlord to do so.

Cappuccio: ECB App. No. 38786 (5/25/06) [5-pg. doc.)