Boiler Capable of Being Used

DEP issued a violation notice to landlord for not renewing its boiler registration. Landlord claimed that the boiler in question hadn't been used in many years and had been replaced by a new, larger boiler. But the old boiler was still connected and was kept as a backup for the new equipment. The ALJ ruled against landlord and fined it $265. Landlord appealed and lost. Landlord must register and renew the registration of any equipment that's capable of being used. Since the old boiler was still connected, there was a violation.

72 Orchard Street Corp.: ECB App. No. 27922 (10/29/97) [2-page document]