Landlord Renewed Operating Certificate Before Date of Violation

DEP issued a violation notice to landlord for using fuel-burning equipment without a valid operating certificate. Landlord claimed that it had filed for a new certificate at the time of inspection. The ALJ ruled against landlord and fined it $720. Landlord appealed. Landlord showed that it had applied for a new certificate before the inspection date and had taken all steps needed to comply with the law. DEP didn't object to landlord's claim. ECB ruled for landlord and revoked the fine.

L.A.R. Realty Corp.: ECB App. No. 34527 (1/30/01) [2-pg. doc.]