Landlord Didn't File Backflow Prevention Device Test Reports

DEP issued two violation notices to landlord for failing to submit annual test reports for two backflow prevention devices at his building within 12 months of the last submission in September 2014. At a hearing, landlord claimed that he was unaware that he was required to perform annual tests and had the test done as soon as he received the violations. He also said he didn't know he was supposed to submit test reports to DEP before the hearing date. Landlord also had gotten an adjournment on the hearing date from ECB. The ALJ affirmed that the reports were now done but fined landlord $1,000. Landlord appealed and lost. Landlord claimed that he should get mitigated penalties. But landlord was entitled to reduced penalties of $50 per each violation only if he submitted the BPD test reports before the first scheduled hearing date. Landlord failed to do this, so the full penalties applied.

Zheng: ECB App. No. 1701117 (12/14/17) [3-pg. doc.]