Landlord Fined $500 for Not Filing Timely BPD Test Report

DEP issued a violation notice to landlord in 2018 for failing to submit an annual test report for a backflow prevention device within 12 months from the last submission in 2014. At a hearing, DEP acknowledged that landlord conducted the test in September 2018, before the first scheduled hearing date. But DEP argued that landlord was responsible for the standard civil penalty because the test report wasn't submitted to DEP until after the hearing date. Landlord argued that it thought it had more time to file the report since the hearing had been rescheduled. The ALJ ruled against landlord and fined it $500.

Landlord appealed and lost. Landlord wasn't entitled to a dismissal or mitigation of the penalty. The Water Penalty Schedule contained in applicable regulations under 48 RCNY Section 3-126 and 15 RCNY Section 20-04(e) called for reduction of the fine from $500 to $50 only if the test report was filed before the first scheduled hearing date. It didn't matter that the hearing was rescheduled.

K&N Property Group LLC: ECB App. No. 1801900 (4/4/19) [2-pg. doc.]