Penalty for Failure to Test BPD Reduced After Test Report Filed

DEP issued a violation notice to landlord for failing to submit an initial test report for a backflow prevention device (BPD) at the building. At a hearing, landlord showed that it corrected the violation before the first scheduled hearing date. The ALJ ruled for landlord in part and imposed a “mitigated” penalty. But the penalty imposed was $500, which landlord claimed was incorrect. ECB ruled for landlord and reduced the penalty by $50, to reflect a reduced first-offense penalty.

Albert Management Corp.: ECB App. No. 1600618 (7/28/16) [1-pg. doc.]