Federal Lead Paint Police Tag New Hampshire Landlord, Contractor With Legal Action Seeking Over $290K In Penalties For Allegedly Failing To Comply With Rules Applicable To Renovations Of Pre-1978-Built Residential Property

From the U.S. Environmental Protection Agency (Boston, Massachusetts):

• Three N.H. companies – two residential property owners, and a company hired for renovation work – face significant penalties from EPA under two civil complaints filed by EPA alleging that the companies failed to follow federal lead paint regulations at a commercial and residential property in Manchester.
  
  In the first of the related actions, EPA has issued an administrative complaint against Brady Sullivan Millworks II, LLC and Brady Sullivan Millworks IV, LLC (Brady Sullivan) of Manchester N.H., seeking a penalty of $139,171 for alleged violations of the Real Estate Notification and Disclosure Rule and the Renovation, Repair and Painting (RRP) Rule.
  
  In the second of the related actions, EPA has issued an administrative complaint against Environmental Compliance Specialists, Inc. (ECSI) of Kingston N.H., seeking a penalty of $152,848 for alleged violations of the Renovation, Repair and Painting Rule. Both cases are being brought under the federal Toxic Substances Control Act (TSCA). The alleged violations occurred at a residential and commercial property located at 195 McGregor Street in Manchester.
  
  EPA's complaint against Brady Sullivan alleges that the company violated TSCA when it failed to provide tenants in fourteen apartments at 195 McGregor Street (known as the Lofts at Mill West) with lead paint disclosure information. The complaint also alleges that Brady Sullivan Millworks IV violated three provisions of the RRP Rule during renovation activities occurring in portions of the building which it owns.
  
  EPA's complaint against ECSI alleges that during renovation activities at the McGregor Street building in 2015, the company violated six provisions of the RRP Rule, including the failure to properly contain the work area. ECSI was hired by Brady Sullivan Millworks IV as a subcontractor to perform demolition and renovation work on the first and second floors of the building as part of an effort to convert the space to residential units.
  
  In May 2015, EPA performed a series of inspections at the building following the referral of a complaint about lead dust in the building received by the N.H. Dept. of Health and Human Services (NH DHHS). During the inspections, EPA observed dust and chipping paint throughout the interior common areas of the building (areas to which tenants continued to have access during renovation activities). At the time of the inspections, building residents included children.
  
  As part of the joint EPA and NH investigation, NH DHHS conducted dust-wipe sampling which confirmed levels of lead in the dust and in paint chips well above acceptable health-protective standards.
  
  Further, one building tenant hired a licensed lead paint inspector/risk assessor to perform independent dust testing in their unit and in the common hallway. Analysis of these dust wipe samples also revealed the presence of lead in the dust above the established regulatory levels. Additional testing showed that there was dust containing levels of lead above the regulatory limit in numerous residential units on the third and fourth floors of the McGregor Street building. The source of the dust was sandblasting being performed by ECSI on the first floor.
  
  The City of Manchester ordered a halt to the sandblasting on May 11, 2015, because the subcontractor, ECSI, had not obtained the required permit from the City to conduct such activity. On June 19, 2015, EPA issued a unilateral order to Brady Sullivan to clean up lead dust and chipping lead paint on the third and fourth floors of the building and in common areas throughout the property.

Source: Three N.H. Companies Face EPA Penalties for Failing to Disclose Lead Paint Information or Follow Lead-Safe Work Practices at a Residential Property in Manchester.

See also, EPA wants NH Brady Sullivan Properties to pay nearly $140,000 in fines (In May 2015, tenants sued because they said a contracting company hired by Brady Sullivan was responsible for lead dust found in their apartments).