Landlord Fined for Late Filing of Annual BPD Test Report

LVT Number: #28443

DEP issued a violation notice to landlord for failing to file an annual test report for a backflow prevention device (BPD) within 12 months of the last submitted test result. By the time of an ECB hearing, landlord showed that it had submitted the annual test result. But DEP said that a penalty should be imposed since the test was now done but the contractor failed to submit the result prior to the hearing date. The ALJ ruled against landlord and fined it $500. Landlord appealed and lost. The contractor's untimely submission left landlord responsible for the penalty.

DEP issued a violation notice to landlord for failing to file an annual test report for a backflow prevention device (BPD) within 12 months of the last submitted test result. By the time of an ECB hearing, landlord showed that it had submitted the annual test result. But DEP said that a penalty should be imposed since the test was now done but the contractor failed to submit the result prior to the hearing date. The ALJ ruled against landlord and fined it $500. Landlord appealed and lost. The contractor's untimely submission left landlord responsible for the penalty.

SJWA LLC: ECB App. No. 1800071 (4/11/18) [2-pg. doc.]

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