Landlord Didn't Dispose of Asbestos-Containing Material Properly

DEP issued a violation notice to landlord for violating the City Asbestos Control Program Rules. The violation stated that landlord failed to bag asbestos-containing material (ACM) directly upon detachment from the pipes to which it had been attached as part of insulation. The inspector found loose ACM debris lying on the basement floor on the day after landlord's contractor finished the asbestos removal project. Landlord claimed that the ACM wasn't left after the asbestos removal project in question. The ALJ ruled against landlord and fined it $2,400. Landlord appealed and lost. The description by various witnesses of the type of material the inspector found was inconsistent. The ALJ believed the inspector, who testified that the material he found was insulation from the pipes that had been worked on. Landlord is responsible for its contractor's violation of the asbestos control rules.

195 Kane Housing Corp.: ECB App. No. 42557 (2/22/07) [5-pg. doc.]