Landlord Didn't Get DEP Order

DEP issued a violation notice to landlord for failing to install a backflow prevention device (BPD) at the building. Landlord argued that it had complied with a DEP notice to install a BPD at the adjoining building it also owned but had received no order to install one at the other building. The ALJ ruled against landlord and fined it $700. Landlord appealed and won. Landlord had installed the BPD as soon as the violation notice made it aware that it was needed. And DEP was unable to prove that it had sent an order to landlord requiring installation of the BPD at the second building.

Lee & Lin’s Development Corp.: ECB App. No. 1200316 (7/26/12) [3-pg. doc.]