Landlord Didn't Install Backflow Prevention Device

DEP issued a violation notice to landlord for failure to install a backflow prevention device. Landlord claimed that it had complied with this requirement and submitted a report on the test and maintenance of a device installed at the cellar level of the building. The ALJ ruled against landlord and fined him $700. Landlord appealed and lost. Landlord claimed, for the first time on appeal, that the building was exempt from the backflow device installation requirement. ECB noted that a 2006 letter from DEP exempted domestic service only and was revoked later due to violations found at the building. No revised exemption request was ever filed.

Persaud: ECB App. No. 1400455 (7/31/14) [2-pg. doc.]