Landlord Didn't Notify DEP of Start Date Change

May 31, 1994

LVT Number: 8794

DEP issued landlord a violation notice because he didn't send DEP written notification of a change in the start date of an asbestos removal project. Landlord had to file a written notice of the change at least one day before the original start date. The ALJ found landlord in violation, and landlord appealed. Landlord argued that the project had really begun with air-monitoring activities on the original start date. Landlord also claimed that his asbestos contractor had notified DEP of a delay in the start of the project. ECB upheld the fine. The contractor's notification wasn't in writing.

DEP issued landlord a violation notice because he didn't send DEP written notification of a change in the start date of an asbestos removal project. Landlord had to file a written notice of the change at least one day before the original start date. The ALJ found landlord in violation, and landlord appealed. Landlord argued that the project had really begun with air-monitoring activities on the original start date. Landlord also claimed that his asbestos contractor had notified DEP of a delay in the start of the project. ECB upheld the fine. The contractor's notification wasn't in writing. Also, the air monitoring was, at best, a pre-abatement procedure, and couldn't qualify as the start of the project.

City of New York v. Anapolis Leasing Co.: ECB App. No. 18876 (3/16/94) [4-page document]

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