Landlord Fined $1,500 for Not Filing Annual BPD Test Reports

LVT Number: #28533

DEP issued three violation notices to landlord for failing to file annual test reports for backflow prevention devices (BPDs) at the building. DEP claimed that landlord had last filed an annual test report in 2012. Landlord argued that it had last filed in 2015. But landlord hadn't submitted test reports for three separate BPDs within 12 months from its last submission. The ALJ fined landlord $1,500, at $500 for each BPD. Landlord appealed and lost.

DEP issued three violation notices to landlord for failing to file annual test reports for backflow prevention devices (BPDs) at the building. DEP claimed that landlord had last filed an annual test report in 2012. Landlord argued that it had last filed in 2015. But landlord hadn't submitted test reports for three separate BPDs within 12 months from its last submission. The ALJ fined landlord $1,500, at $500 for each BPD. Landlord appealed and lost. The violations were duplicative since they were for three separate BPDs and were issued on different dates more than two years after prior violations.

24-26 East 2nd Condominium: ECB App. No. 1800121 (4/26/18) [2-pg. doc.]