Landlord Withdrew Application to Install Own Water Meter

August 31, 1998

LVT Number: 12579

DEP issued a violation notice to landlord because there was no water meter at its building. The ALJ fined landlord $250, and landlord appealed, claiming that during the ''window of opportunity,'' it had gotten a permit to install a water meter at the building but then withdrew its application to install the meter and the permit was canceled. ECB ruled against landlord. The law required installation of a water meter. If landlord didn't install one, it should've arranged for DEP to install one.

DEP issued a violation notice to landlord because there was no water meter at its building. The ALJ fined landlord $250, and landlord appealed, claiming that during the ''window of opportunity,'' it had gotten a permit to install a water meter at the building but then withdrew its application to install the meter and the permit was canceled. ECB ruled against landlord. The law required installation of a water meter. If landlord didn't install one, it should've arranged for DEP to install one. Withdrawing its application to install the water meter didn't remove landlord's obligation to have one installed.

Leverich Co.: ECB App. No. 23600 (10/29/97) [2-page document]

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