No Proof DEP Ordered Landlord to Install Device

September 24, 2015

LVT Number: #26523

DEP issued a violation notice to landlord for failing to install a backflow prevention device in her building after receiving a DEP order to do so. Landlord claimed that she never received the order from DEP. The ALJ ruled against landlord and fined her $700. Landlord appealed and won. DEP didn’t produce any proof at the hearing that it sent the order in question to landlord. At the hearing, DEP’s representative stated that he didn’t know if DEP sent the order to landlord.

DEP issued a violation notice to landlord for failing to install a backflow prevention device in her building after receiving a DEP order to do so. Landlord claimed that she never received the order from DEP. The ALJ ruled against landlord and fined her $700. Landlord appealed and won. DEP didn’t produce any proof at the hearing that it sent the order in question to landlord. At the hearing, DEP’s representative stated that he didn’t know if DEP sent the order to landlord. He stated only that it was DEP’s general practice to issue such orders to install backflow prevention devices two to three years before issuing a violation for failure to comply.

 

 

 

Chew Ping Tan Revocable Trust: ECB App. No. 1500702 (8/27/15) [3-pg. doc.]

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