Landlord Fined for Failing to Separate Recyclables from Solid Waste

LVT Number: #29694

DOS issued two violation notices to landlord, one for commingling recyclables with solid waste and the other for putting out an unlabeled recycling container. Landlord argued that it used a private carting service to collect the trash and therefore didn't have to separate recyclables and other waste. The ALJ ruled for landlord and dismissed the violations. DOS appealed and won. The exception landlord relied on under 16 RCNY 1-10(c)(3)(l) applied to separation of recyclable paper from metal, glass, and plastic. It didn't apply to separation of recyclables from solid waste.

DOS issued two violation notices to landlord, one for commingling recyclables with solid waste and the other for putting out an unlabeled recycling container. Landlord argued that it used a private carting service to collect the trash and therefore didn't have to separate recyclables and other waste. The ALJ ruled for landlord and dismissed the violations. DOS appealed and won. The exception landlord relied on under 16 RCNY 1-10(c)(3)(l) applied to separation of recyclable paper from metal, glass, and plastic. It didn't apply to separation of recyclables from solid waste. Landlord was fined $200.

RP/HH Milford Plaza Lessee LP: ECB App. No. 1800625 (7/12/18) [3-pg. doc.]

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