Smoke Emission from Boiler

DEP issued a violation notice to landlord for causing or permitting the emission of smoke at 100 percent capacity from the building's chimney. Landlord objected, but the ALJ ruled against landlord and fined him $720. Landlord appealed, claiming that he neither caused nor permitted the smoke emission from the boiler. The boiler had been cleaned professionally seven months earlier, was shut down as soon as landlord became aware of the condition, and was fixed the same day. ECB ruled against landlord. Neither the prior cleaning nor lack of advance notice of the boiler emission was a defense to the violation.

Schmuck: ECB App. No. 34681 (10/29/02) [3-pg. doc.]