Boiler Being Repaired When Violation Was Issued

DEP issued a violation notice to landlord for not maintaining the boiler's air contaminant detector in good working order. Landlord claimed that the detector had been thrown out of calibration by a recently burst water tank, and that it was being repaired at the time the violation was issued. The ALJ ruled against landlord and fined it $720. Landlord appealed. The ALJ had told landlord it could submit proof of the repairs within a day after the hearing. Landlord did so, submitting a fuel company invoice for boiler repairs made on Oct. 21, 22, and 23, 1996. The violation had been issued on Oct. 21. But the ALJ's decision was dated on the same day that the hearing was held, so obviously landlord's documentation wasn't considered. ECB ruled for landlord, finding that boiler repairs were in progress at the time the violation was issued, and that landlord was therefore maintaining the equipment in good working order. The fine was revoked.

2555 E. 12th St. Corp.: ECB App. No. 27505 (6/25/97) [2-page document]