Landlord Fined $700 for Not Installing Backflow Prevention Device

DEP issued a violation notice to landlord for failing to install a backflow prevention device (BPD) and/or failing to submit an initial test report for a BPD at its building. At a hearing, landlord advised that the BPD was subsequently installed. Landlord requested a mitigated penalty. DEP said that, until landlord submitted an initial test report for the BPD, it wasn't considered corrected. In any event, DEP argued, there was no mitigated penalty for this violation. The ALJ ruled against landlord and fined it $700.

Landlord appealed and lost. Applicable rules require the testing of a BPD upon installation, followed by submission to DEP of an initial test report certifying that the device operates properly. No initial test report was submitted before the summons was issued, and as DEP pointed out, there was no mitigated penalty.

DEP v. Deborah Luciano Revocable Trust: ECB App. No. 2101002 (10/21/21)[2-pg. document]