Landlord Placed Recyclables in Grocery Bag at Curb for Collection

DOS issued a violation notice to landlord for placing recyclables out for curbside collection in an improper container. The notice stated that landlord placed a plastic grocery bag filled with cardboard pieces out for collection in front of the building. Landlord said that she used a clear plastic bag, which was proper. The ALJ ruled against landlord and fined her $25. Landlord appealed and lost. The ALJ had mistakenly found that the plastic bag used by landlord was opaque. The bag was clear. But the bag must be large enough to hold between 13 and 55 gallons. Landlord didn't show that the grocery bag she used was big enough to meet recycling rule requirements.

Owner of 150-44 59th Avenue: ECB App. No. 42550 (6/28/07) [2-pg. doc.]