Landlord Fined for Fuel Oil Leak in Boiler Room

DEP issued four violation notices to landlord for causing or allowing the emission of fumes from fuel-burning equipment that required an operating certificate or registration. Landlord contested the violations. The ALJ ruled for landlord in part. One violation didn't mention an odor, and another was a duplicate of a prior violation for black smoke emissions. Landlord was fined $2,160. DEP appealed, and argued that no duplicate violation had been issued. ECB ruled for DEP. The prior violation was for a smoke emission into the open air. The second violation was for an odor from leaking fuel oil in the boiler room that possibly affected health and safety. Landlord's fine was increased by $720.

Pan Am Equities: ECB App. No. 40529 (9/28/06) [3-pg. doc.]