Don't Block Access to Water Meters

The Environmental Control Board (ECB) recently ruled that an owner could be fined for failing to maintain a water meter in a readily accessible area. Furthermore, the rules don't require the Department of Environmental Protection (DEP) to give an owner prior notice that a water meter will be read.

In July 2011, a DEP inspector called an owner to say that access to the water meter was blocked by boxes. The inspector was unable to wait for the owner to arrive to move the boxes, and rescheduled an appointment for Sept. 23. But the inspector showed up on Sept. 9 and again was blocked by the boxes from reading the meter. A violation notice was then issued.

The administrative law judge found that DEP's arrival without notice two weeks before the scheduled appointment was unfair, and dismissed the violation. But DEP appealed and won. The rules don't require DEP to give owners prior notice that a water meter will be read, but require owners to maintain the meter unobstructed at all times [Fenster: ECB App. No. 1200228 (5/31/12)].