Landlord Didn't Submit Proof of Backflow Prevention Device Installation

DEP issued a violation notice to landlord in 2015 for failing to install a backflow prevention device (BPD) in its building. Landlord claimed that a BPD was installed in 2012 and that the initial report was submitted to DEP that year. The ALJ ruled for landlord and dismissed the violation. DEP appealed and won. DEP claimed that there was no proof that landlord submitted its BPD installation report. ECB agreed. Landlord had testified that its plumber submitted the report, but there was no proof of mailing. Landlord was fined $700.

607-09 West 136 Street HDFC: ECB App. No. 1500555 (7/30/15) [3-pg. doc.]