Landlord Fined $700 for Failure to Install Backflow Prevention Device

LVT Number: #32151

The DEP issued a violation notice to landlord for failing to install a backflow prevention device at his building. Landlord claimed that a storefront tenant wouldn't give him access for the installation. The ALJ ruled against landlord and fined him $700. Landlord appealed and lost. Landlord questioned whether the device was needed. But, since he didn't have an engineer or other professional apply for an exemption subject to DEP review, he couldn't be excused from the violation.

The DEP issued a violation notice to landlord for failing to install a backflow prevention device at his building. Landlord claimed that a storefront tenant wouldn't give him access for the installation. The ALJ ruled against landlord and fined him $700. Landlord appealed and lost. Landlord questioned whether the device was needed. But, since he didn't have an engineer or other professional apply for an exemption subject to DEP review, he couldn't be excused from the violation.

DEP v. Fellner: ECB App. No. 2101899 (5/26/22)[3-pg. document]

Downloads

2101899.pdf136.46 KB