Smoke Caused Air Pollution

DEP issued a violation notice to landlord for causing or permitting black smoke to escape from two boiler/burners. Landlord denied the charge. The ALJ ruled for landlord because the inspector who issued the notice wasn't available to testify. DEP appealed and won. The ECB fined landlord $1,440. The inspector was no longer employed at DEP, but had written an inspection report. The report clearly identified where the smoke came from.

310 E. 55th St. Tenants Co.: ECB App. No. 41422 (4/27/06) [3-pg. doc.]