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

LVT Number: #30410

DEP issued a violation notice to landlord for failing to submit an annual test report for a backflow prevention device (BPD) located in its building. At a hearing, landlord argued that a mitigated penalty should apply because the required report had been submitted to DEP by the first scheduled hearing date. The ALJ found insufficient proof that the report had been delivered in time and fined landlord $500. Landlord appealed and lost. Landlord still didn't present proof confirming his claimed filing date of the missing report. 

DEP issued a violation notice to landlord for failing to submit an annual test report for a backflow prevention device (BPD) located in its building. At a hearing, landlord argued that a mitigated penalty should apply because the required report had been submitted to DEP by the first scheduled hearing date. The ALJ found insufficient proof that the report had been delivered in time and fined landlord $500. Landlord appealed and lost. Landlord still didn't present proof confirming his claimed filing date of the missing report. 

DEP v. Mann: ECB App. No. 1900854 (8/8/19) [2-pg. doc.]

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