Landlord Fined $500 for Not Submitting 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). Landlord claimed that its plumber had conducted the required test and submitted the test report to DEP. Landlord also resubmitted the test report. DEP found no proof in its records that the test report had been previously submitted. The ALJ fined landlord $500. Landlord appealed and lost. If landlord had submitted a copy of the test report before the scheduled hearing date, a mitigated $50 penalty would have been available. But landlord only submitted the copy on the hearing date, and there was no proof that it had been submitted previously.

DEP v. Leong: ECB App. No. 2100383 (5/20/21) [1-pg. document]