Landlord Fined $700 for Not Installing Backflow Prevention Device

DEP issued a violation notice to landlord in December 2019 for failing to install a backflow prevention device and/or to submit an initial test report for such installation. At a hearing, landlord claimed that testing was completed in June 2021 and a copy of the test report was submitted. The ALJ ruled against landlord and fined it $700.

Landlord appealed and lost. Landlord claimed that a BPD was installed and in good working order when it bought the building in 2016. Plans were presented to DEP before 2016 but DEP misplaced the plans. The certifying engineer and plumber went out of business so everything had to be redone. Landlord then obtained new DEP approval in June 2021. But ECB noted that, to comply with 15 RCNY Section 20-04(d), landlord was required to install the BPD and to have a licensed professional engineer or registered architect inspect and certify that the completed installation conformed to plans approved by DEP. And 15 RCNY Section 20-04(e) required the testing of the BPD upon installation, followed by the submission of an initial test report. The installation wasn't deemed completed until the initial test report was transmitted to DEP. The test report here was submitted long after the violation notice was issued.

DEP v. 205 Milou LLC: ECB App. No. 2101120 (12/16/21)[2-pg. document]