Landlord Proves Boiler Registered with DEP

DEP issued a violation notice to landlord for operating an oil burner/boiler without a DEP registration. The notice stated that a boiler/burner with a capacity of 560,000 BTUs was installed without filing a registration. DEP records showed that an alteration permit had been issued in 2004 for this capacity boiler at the building. Landlord submitted a DEP registration issued on Aug. 18, 2010, for a boiler at the building having a capacity of 575,000 BTUs. Landlord said there was no other boiler at the building. The ALJ ruled against landlord and fined it $700. Landlord appealed and won. The DEP registration produced by landlord was issued four months before the violation was issued. DEP's records didn't refute this proof or landlord's claim that there was no other boiler at the building. The violation was dismissed.

JF Associates LLC: ECB App. No. 1100244 (7/21/11) [2-pg. doc.]