Landlord Didn't File Test Report for Backflow Prevention Device

DEP issued a violation notice to landlord for failing to install a backflow prevention device as directed by the agency. Landlord claimed that the device had been installed in 2012 and that the required paperwork had been filed with DOB. The ALJ ruled for landlord and dismissed the violation. DEP appealed and won.  While the device was installed and tested before the violation was issued, the initial test report for the device wasn't submitted to DEP until after the violation was issued. This in itself was a violation as the certification was an essential element of the device installation.

Thirty-First Avenue LLC: ECB App. No. 1400117 (4/24/14) [3-pg. doc.]