Cardboard Box Was Improper Trash Receptacle

DOS issued a violation notice to landlord for using an improper trash receptacle. The DOS inspector found Styrofoam and wood inside a cardboard box placed out for collection. Landlord claimed that he didn’t place the box outside the building and always complied with recycling laws. He didn’t see the box when he left the building in the morning or when he returned and found the violation. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. A cardboard box isn’t a proper trash receptacle, and DOS reasonably assumed that landlord placed the box outside the building. Landlord presented no credible proof that it wasn’t responsible for placement of the box outside his building.

Sionov: ECB App. No. 1601153 (12/15/16) [2-pg. doc.]