Work Area Preparation Hadn't Begun

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord) DEP issued several violation notices to landlord for breach of city asbestos rules. DEP claimed landlord didn't ensure the wearing of protective clothing, post asbestos warning signs, and keep entry log records. The ALJ ruled for landlord, finding that asbestos abatement activity hadn't begun yet. DEP appealed, claiming that the unloading of abatement equipment constituted abatement activity. ECB ruled against DEP. Abatement activity is defined as "all activities from the initiation of work area preparation through successful clearance air monitoring performed at the conclusion of an asbestos project or minor project.'' The rules don't define work area preparation. The mere delivery of boxed abatement materials to the site doesn't constitute abatement activity.

City of New York v. Argentina Leasing Co.: ECB App. No. 19014 (10/27/93) [3-page document]