Landlord Didn't File Report of Backflow Prevention Device Installation

DEP issued a violation notice to landlord for failing to install a backflow prevention device. At a hearing, landlord claimed that it had installed the device in February 2011, tried to submit an initial test report for the device to DEP that was rejected because it wasn't an original, then resubmitted the original before the hearing. The ALJ ruled for landlord and dismissed the violation based on landlord's proof of the filing. DEP appealed and won. DEP argued that submission of an initial test report for the device was part of the installation process and that DEP had no notice of landlord's installation until it received the initial test report. The report included certification by a licensed professional engineer or registered architect that the backflow prevention device had been properly installed. This was required to show that the installation was complete. Landlord was fined $700.

Chen: ECB App. No. 1400104 (4/24/14) [3-pg. doc.]