Landlord Fined $700 for Not Filing Initial Test Report for BPD

LVT Number: #27672

DEP issued a violation notice to landlord for failing to install a backflow prevention device (BPD) and/or to submit initial test reports to DEP. Landlord claimed that the test report had been submitted on time. The ALJ found that proof was insufficient and fined landlord $700. Landlord appealed and lost. Under 15 RNY 20-04(d), installation of a BPD isn’t deemed completed until the initial test report has been filed. Landlord presented only hearsay testimony that its plumber had filed the initial report. 

 

 

 

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TETA LLC: ECB App. No. 1700150 (4/20/17) [3-pg. doc.]