Landlord Can Mix Milk Cartons with Plastic or Glass Recyclables

LVT Number: #23675

DOS issued a violation notice to landlord for failing to properly place recyclables out for collection. The DOS inspector observed a clear bag with bottles and cardboard placed inside. Landlord objected, citing DOS instructions that milk and juice cartons be placed with plastic and metals. The ALJ ruled against landlord and fined him $100. Landlord appealed and won. Landlord showed that the cardboard items placed in the bag with the plastic and metal items were milk and juice cartons. Separate recycling rules require all of these items to be placed in plastic bags.

DOS issued a violation notice to landlord for failing to properly place recyclables out for collection. The DOS inspector observed a clear bag with bottles and cardboard placed inside. Landlord objected, citing DOS instructions that milk and juice cartons be placed with plastic and metals. The ALJ ruled against landlord and fined him $100. Landlord appealed and won. Landlord showed that the cardboard items placed in the bag with the plastic and metal items were milk and juice cartons. Separate recycling rules require all of these items to be placed in plastic bags. The DOS Web site states that these can be combined. The fine was revoked.

Motiram: ECB App. No. 1100543 (9/22/11) [2-pg. doc.]

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