Landlord Didn't Seal Incinerator

DEP issued a violation notice to landlord for not sealing or removing an incinerator by June 1993. Landlord claimed it was waiting for the necessary permits from DOB to start the work. But the ALJ fined landlord $875, since landlord had known about the requirement to seal the incinerator for four years, and had done nothing about it. Landlord appealed, and ECB upheld the fine. Landlord made no attempt to comply with the law and, in fact, spent money upgrading the incinerator instead of preparing to shut it down.

City of New York v. Magnone: ECB App. No. 20410 (3/16/94) [3-page document]