Nonrecyclable Materials Found in Recycling Bags

DOS issued a violation notice to landlord for not separating nonrecyclable materials from the recyclable trash left out for collection. Landlord claimed that there could be hypodermic needles in the trash and that it violated federal occupational safety laws to require the building superintendent to sort the mixed trash. The ALJ ruled against landlord and fined it $25. Landlord appealed. ECB ruled against landlord. The intent of the federal safety laws and the NYC recycling law were different, and the federal law didn't govern this situation. Also, landlord didn't show any reason to believe there were contaminated needles left in its trash.

City of New York v. 113 W. 15th St. Owners Corp.: ECB App. No. 22491 (10/25/95) [2-page document]