Regular Trash Placed in Recycling Containers

DOS issued a violation notice to landlord for having nonrecyclable trash mixed in with recyclables in recycling containers placed out for collection. The ALJ fined landlord $25. Landlord appealed, claiming that he didn't violate recycling rules because the trash wasn't mixed in prior to the recycling collection day. He also said it would violate OSHA regulations to require his employees to place their hands in recycling containers to remove trash. ECB ruled against landlord. Landlord's interpretation of the recycling rule was incorrect. And the law didn't state how trash should be removed from a recycling container.

Susser: ECB App. No. 35738 (6/24/03) [3-pg. doc.]