On Tuesday, February 16, 2021, Terence O’Brien, Senior Director of the Plumbing Foundation, testified virtually at the NYC Council Committee on Environmental Protection Hearing in support of Intro. No. 1576, which proposes to increase the penalties imposed on owners failing to comply with the mandatory installation of and reporting requirements for backflow prevention devices.

“Backflow” occurs when drinking water is contaminated by hazardous substances. It happens when street pressure pushes water into buildings where dangerous materials and chemicals may exist, and no device prevents that now contaminated water from re-entering the drinking water supply. Sometimes water flow can be reversed due to a water main break or a mistaken or accidental cross connection between the building’s water distribution and drainage systems. Therefore, it is vital that buildings install and maintain backflow prevention devices to prevent the harmful results of contaminated water, which can contain bacteria like E. coli and Salmonella.

Senior Director O’Brien urged the passage of Intro. No. 1576 to properly incentivize compliance with the law. The NYC Administrative Code currently allows first-time fines to be imposed anywhere from $50–$1,000 for violation of the requirement to install a backflow device. Such fines do not provide enough of an incentive for owners to comply with the law. In a former Council hearing, the NYC Department of Environmental Protection (DEP) clarified that the Department fines building owners $500-$5,000.* In contrast, a backflow device itself can cost up to $20,000. This is why the industry believes fines should be increased, so that owners do not continue merely paying the lower fine but rather comply with the law and actually install the required devices.

O’Brien testified that Intro. No. 1576 addresses the problem as outlined above. It would increase the monetary penalties to be imposed on a building owner or operator who fails to comply with installation and reporting requirements for backflow prevention devices.

The installation of backflow prevention devices is a public health priority. It is apparent that the understanding of and compliance with backflow prevention is still an issue at large in the City. Steep fines must be imposed on owners who fail to comply with the law in order to property incentivize compliance.

*Hearing on Intro. No. 821, Committee on Environmental Protection, The New York City Council (Oct. 30, 2017).