Diner's Kitchen Exhaust Created Too Much Noise

DEP issued a violation notice to a restaurant in landlord's building for operating a circulation device in excess of 42 dB(A). Noise caused by the kitchen exhaust equipment was measured in tenant's apartment at a sound level of 53 dB(A). The restaurant claimed that there was already a pending action on the noise issue at the time the violation was issued. The ALJ ruled for the restaurant and dismissed the violation. DEP appealed and won. The fact that a cease-and-desist action had been adjourned to allow the restaurant to correct this condition didn't bar DEP from issuing a violation while the condition still existed. Correction of the condition after the violation notice was issued isn't a valid defense and didn't void the violation. The restaurant was fined $1,680.

Gemini Diner, Inc.: ECB App. No. 1100970 (12/15/11) [3-pg. doc.]