Upon a successful hearing before the Office of Administrative Trials and Hearings, Couch White Partner, John Ahearn, obtained dismissal of a summons issued to a client from the New York City Department of Sanitation for an alleged violation of Section 4-08(r) of Title 16 of the Rules of the City of New York, which carries a penalty of up to $10,000. The client owns and operates a permitted fill material transfer station within the City of New York.

Section 4-08(r) of the Rules of the City of New York prohibit the “presence at a transfer station of any material other than fill material.” In the summons the Department of Sanitation alleged that the transfer station “allowed and permitted unacceptable material . . . to be stored in a facility.” The evidence provided by Department of Sanitation during the hearing showed minor amounts of non-fill material at the facility, including items like plastic water bottles and cloth.

During the hearing, John utilized his experience and knowledge of the industry to argue that the Department of Sanitation’s position regarding Section 4-08(r) is unreasonable and defended the industry as a whole. DSNY argued that the minor amount of non-fill material, located among more than 100 cubic yards of material, constituted a violation. John advocated for the industry as a whole, explaining to the OATH hearing officer how the industry operates and what the implications of DSNY’s position would be – the destruction of the industry within the City of New York if a transfer station faced a $10,000 penalty every time a New Yorker threw a coffee cup in a 30 yard container. In the end, the hearing officer agreed and dismissed the summons, finding that the client reasonably and responsibly operates their transfer station by inspecting loads as they enter the facility and removing improper material as it is discovered and separating it for proper disposal.

If you have any questions regarding similar matters, please contact John Ahearn, Esq. (jahearn@couchwhite.com).