No Violation During Installation of Backflow Prevention Device

DEP issued a violation notice to landlord for failing to install a backflow prevention device. Landlord argued that it was in the process of doing so and should not be fined. The ALJ ruled against landlord and fined it $700. Landlord appealed and won. Within 30 days of receiving DEP's order to install a backflow prevention device, landlord's architect submitted reports showing that one was in the process of being installed. It was DEP's practice not to issue a violation notice when an owner's contractor notifies the agency that a backflow prevention device is in the process of being installed. The fine was revoked.

870 Fifth Ave. Corp.: ECB App. No. 1100447 (9/22/11) [3-pg. doc.]