Landlord Fined $700 for Not Installing and Testing BPD

DEP issued a violation notice to landlord for failing to install a backflow prevention device (BPD) at the building or to submit an initial Test Report to DEP. At a hearing, landlord showed it was now in compliance. The ALJ fined landlord $700. Landlord appealed and lost. Landlord now claimed that its contractor had been delayed in completing the BPD installation and that the penalty imposed placed a financial burden on the condominium. But landlord didn't raise these issues at the hearing and couldn't do so for the first time on appeal.

DEP v. 50 Pine Street Condominium: ECB App. No. 1800243 (5/17/18) [2-pg. doc.]