Smoke from Fireplace Contaminates Air

DEP issued a violation notice to landlord based on emission of white-gray smoke "at 60 percent opacity" from a wood-burning fireplace in landlord's building. Landlord argued that there was no tangible proof to determine how thick the smoke was. The ALJ ruled against landlord and find her $350. Landlord appealed and lost. The inspecting officer's visual finding that the smoke coming from the fireplace was at 60 percent opacity established the violation. The inspector testified that he was trained to read smoke. Landlord didn't challenge the inspector's qualifications or training. There was no legal requirement for DEP to take any further measurements.

Rennock: ECB App. No. 43593 (3/27/08) [2-pg. doc.]