Landlord Proves DEP Registration Filed for New Boiler

DEP issued a violation notice to landlord for installing a boiler/burner without a DEP registration. DEP records showed that landlord got an alteration permit from DOB in 2004 for the installation of a new boiler/burner, but never registered the unit. Landlord presented a copy of a DEP registration to the ALJ, but DEP claimed that this was for a different boiler. The ALJ fined landlord $700. Landlord appealed and won. Landlord proved that it had a valid boiler registration issued in 2010, before the date of the violation notice. Landlord testified that there was no other boiler at the building, and DEP presented no proof to the contrary.

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