Fine Revoked for Installing Backflow Prevention Device

DEP issued a violation notice to landlord for failing to install a backflow prevention device (BPD) for its building, as previously directed by the agency. Landlord claimed that it was in the process of doing so and its plumber had faxed a memo to this effect to DEP in May 2009, three months before the violation was issued. The ALJ ruled against landlord and fined him $700. Landlord appealed and won. It is DEP's practice not to issue violation notices when a BDP is in the process of being installed. Landlord submitted credible proof that the fax was sent to DEP, including a log of calls from its telephone carrier to DEP's fax number. DEP didn't dispute that the fax was sent to the right number and to the proper person. The fine was revoked.

Yee: ECB App. No. 1000187 (8/19/10) [3-pg. doc.]