Fighting DEP violations - need advice

That is very helpful to know. Thank you very much!!!

Guest User | 5 years and 9 months ago

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Guest User | 5 years and 9 months ago

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Despite doing everything I was informed to do, the DEP slapped me with large fines for apparently not having done all the asbestos tests, etc before I had a new roof put on. I didn’t know I had to have an asbestos test before getting a new roof plus my house was tested before I purchased it. Anyway, I need to know if possible to fight the fines? Is it worth hiring a lawyer or do it myself? Anyone been through this and have advice? Thanks

hkapstein | 5 years and 9 months ago

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I can’t advise on whether you need a lawyer. But I can tell you there are special expeditor firms that the industry uses to deal with violations. Expect to pay between a few hundred and a few thousand for this service depending on the number and type of the violations, and what needs to be done to resolve them. I would recommend talking to somebody who knows what outcomes are possible. Sometimes the fines can be mitigated, sometimes violations can be beaten on technical grounds, and these folks deal with this stuff every day and know what to say and do at the hearing. If the violations add up to serious money, the cost becomes more likely worth it. If it’s a few hundred bucks, probably not, but this sounds like you have at least 5000 in fines. Also, you might want to explore whether your architect or contractor have some liability for this incident, and that may be one area where a lawyer could help you.

Guest User | 5 years and 9 months ago

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Thanks. I already addressed the problems completely in order to complete my roof work. The violations were delivered after the fact ($26,400 worth). Do you know if expediters go to court to fight violations? Do you recommend any? The one I spoke with seems to only help in getting violation resolved. That I did already. Also I spoke with lawyer, they say roll of dice whether they will succeed so might cost me even more. Hmmm. I am trying to find someone who has been through the court bit… thanks!

hkapstein | 5 years and 9 months ago

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You are not talking to the right kind of expeditor. Give Mark Hertz Company a call. FWIW I have been to “court” and beaten a five figure violation. It was a kafkaesque experience, and I’m glad I had someone with me who knew how to make our case, what kind of arguments might appeal to the ALJ, and what documents to bring etc. The main thing to understand is that the procedure is quite arbitrary. What you think is important or fair, or even relevant may not be what the decision hinges on.