Landlord Fined for Not Installing Backflow Prevention Device

DEP issued a violation notice to landlord for failing to install a backflow prevention device (BPD) at its building. At a hearing, landlord produced an initial test report showing that the BPD was installed on Sept. 12, 2014. The ALJ fined landlord $700 since the device was installed after the violation date. Landlord appealed and lost, now claiming that the violation notice was delivered improperly. Landlord can't raise this claim for the first time on appeal and, in any event, the notice was properly served on the NYS Secretary of State.

Gui & Man 33-23 Inc.: ECB App. No. 1401090 (12/18/14) [1-pg. doc.]