Water Meter Not Accessible

DEP issued a violation notice to landlord for failing to maintain a water meter in a readily accessible area. Landlord pointed out that in July 2011, a DEP inspector called him to say that access to the water meter was blocked by boxes. The inspector was unable to wait for landlord to arrive to move the boxes, and rescheduled an appointment for Sept. 23. But the inspector showed up on Sept. 9 and again was blocked by the boxes from reading the meter. The violation notice was then issued. The ALJ found that DEP's arrival without notice two weeks before the scheduled appointment was unfair, and dismissed the violation. DEP appealed and won. The rules didn't require DEP to give landlord prior notice that a water meter would be read, but required landlord to maintain the meter unobstructed at all times.

Fenster: ECB App. No. 1200228 (5/31/12) [3-pg. doc.]