Landlord Fined $500 for Not Filing Timely BPD Test Report

DEP issued a violation notice to landlord for failing to submit an annual test report for a backflow prevention device at its building within 12 months after submission of the prior year's report. At a hearing, landlord claimed that OATH had rescheduled an Aug. 5, 2021, hearing to Aug. 23, 2021, and that Aug. 23 should therefore be considered the first scheduled hearing date. By that time landlord had submitted the test report and argued that it should receive a mitigated penalty of $50. The ALJ ruled against landlord and fined it $500. Landlord appealed and lost. DEP rules call for mitigation of the penalty if a missing test report is submitted by the first scheduled hearing date. Here, Aug. 5, 2021, was the first scheduled hearing date. ECB ruled that it didn't matter that DEP rescheduled the hearing date.

DEP v. 79 Lott Street LLC: ECB App. No. 2200306 (6/30/22)[1-pg. document]