Typo on Violation Notice Didn't Warrant Dismissal

DEP issued a violation notice to landlord for operating a boiler and burner without renewal of an expired operating certificate. Landlord asked for dismissal of the violation because there was a typographical error and the notice actually stated that the equipment was being operated “with” renewal of the expired certificate. The ALJ ruled for landlord and dismissed the violation. DEP appealed and won. At the hearing, DEP’s inspector explicitly described the violation, the violation cited the correct section of law, and there was no question as to what the violation meant. Landlord also offered no proof to refute the charge. The typo on the notice wasn’t fatal. Landlord was fined $800.

3120 Bainbridge LLC: ECB App. No. 1601194 (12/15/16) [1-pg. doc.]