Plastic Trays with Recyclables

LVT Number: 12854

DOS issued a violation notice to landlord for placing plant trays in the blue plastic bags left out for collection of recyclables. Landlord claimed that the plant trays were made of plastic. The AU agreed but found that the plastic trays still weren't the type of material intended for recycling. The AU fined landlord $25. Landlord appealed and submitted a copy of a 1990 DOS pamphlet Stating that recyclables in Queens included clear styrene containers such as take-out/ salad bar, cookie trays, and meat trays. ECB ruled against landlord.

DOS issued a violation notice to landlord for placing plant trays in the blue plastic bags left out for collection of recyclables. Landlord claimed that the plant trays were made of plastic. The AU agreed but found that the plastic trays still weren't the type of material intended for recycling. The AU fined landlord $25. Landlord appealed and submitted a copy of a 1990 DOS pamphlet Stating that recyclables in Queens included clear styrene containers such as take-out/ salad bar, cookie trays, and meat trays. ECB ruled against landlord. In 1993, DOS had issued another pamphlet stating that plastic trays shouldn't be recycled.

Alicanti: ECB App. No. 29119 (1/21/98) [2-page document]

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