Landlord Didn't File Backflow Prevention Device Test Report

DEP issued a violation notice to landlord for failure to submit an annual test report for a backflow prevention device. At a hearing, landlord claimed that he submitted the report after receiving the violation notice. But DEP said that the missing report was rejected because it omitted the building's block and lot number, listed a vague location, and landlord's cover letter had a date and time stamp not from DEP. The ALJ ruled against landlord and fined him $500. Landlord appealed and lost. Landlord argued that he was entitled to a "first offense" penalty of $50 because he submitted the report to DEP by the first scheduled hearing date. But since the submitted report was unacceptable, landlord wasn't entitled to the mitigated penalty.

DEP v. Acevedo: ECB App. No. 1901934 (2/6/20) [1-pg. doc.]