Removal of exterior wall required prior registration with DEP. 116 Third Place LLC hired a general contractor to manage demolition at 116 Third Place in the Carroll Gardens neighborhood of Brooklyn. The general contractor hired a subcontractor, who demolished an entire exterior wall of a building. An officer discovered that the subcontractor demolished the wall without first registering with the New York City Department of Environmental Protection, and issued Notices of Violation to all three companies.

At a hearing before an ALJ, the companies argued that the NOVs were defective since the issuing officer noted that demolition had occurred without a “permit” yet the statute cited in the NOVs required registration, not a permit. The companies alternatively argued that removal of the rear wall of the building did not require registration with DEP since the removal did not amount to a demolition. The companies further argued that only one of the three could be responsible for the violation. (more…)