Landlord Fined $500 for Failing to File Annual BPD Test Report

DEP issued a violation notice to landlord for failing to submit an annual test report for a backflow prevention device (BPD) at a building. Landlord's co-op board president argued that he was new in the position and that the building's plumber mistakenly told him there was only one BPD at the building, which had been tested and reported. He didn't realize there was a second BPD. The ALJ ruled against landlord and fined it $500. Landlord appealed and lost. Landlord claimed that it didn't have the second test report at the time of the ECB hearing although the plumber had prepared it. But ECB noted that the penalty could have been reduced to $50 only if landlord submitted the annual test report by the first hearing date. No test report was submitted until after the hearing date. 

The 2560 Stillwell Avenue Condominium: ECB App. No. 1701258 (1/18/17) [3-pg. doc.]