Landlord Couldn't Prove BPD Test Results Were Filed

DEP issued a violation notice to landlord in August 2015 for failing to install a backflow prevention device (BPD) at his building and/or failure to submit initial test reports to DEP. Landlord submitted a copy of the initial report indicating that the BPD was installed and tested at the building on Jan. 8, 2015. The installation was certified by DEP’s engineer on Feb. 27, 2015. The engineer claimed that he filed the BPD test report immediately. The ALJ ruled for landlord and dismissed the violation. DEP appealed and won. Landlord didn’t provide any proof of the engineer’s claim that he filed the BPD test report before the violation was issued. So landlord was fined $700.

Vogl: ECB App. No. 1501198 (1/28/16) [3-pg. doc.]