Driver Fined for Removing Recyclables

DOS issued a violation notice to a driver for the unauthorized removal of recyclable material in his truck. The DOS inspector saw the driver remove an air conditioner and water cooler placed out for collection in front of landlord's building. The driver claimed that, before he took the items, he saw a DOS van parked near the building and got permission from the DOS employee to remove the equipment. The DOS employee denied that he did so. The ALJ ruled against the driver and fined him $2,000, finding that even if the DOS employee gave the driver permission, this wasn't a valid defense. The driver appealed and lost. Sanitation Code Section 16-118(7)(b)(1) makes it unlawful for anyone to remove or transport any amount of recyclable materials that have been placed outside a residential building unless the landlord has requested the driver to do so and the driver presents a written, notarized agreement so stating.

Rivera: ECB App. No. 1200741 (9/27/12) [3-pg. doc.]