No Mitigated Penalties for Asbestos Project Violations
LVT Number: #24813
DEP issued violation notices to landlord for failing to file an asbestos project notification form seven days before work started and for failing to retain an independent third-party air monitor. The ALJ fined landlord a total of $7,200. Landlord appealed, claiming that he was advised at the initial hearing date that he could receive mitigated penalties. ECB ruled against landlord. A mitigated penalty may apply for a violation only if a landlord signs a stipulation offered by DEP. There was no stipulation in this case, so mitigated penalties weren't available.