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EPA and Brady Sullivan Reach Settlement Agreement
 
Published Wednesday, March 1, 2017

The Lofts at Mill West at 195 McGregor St. in Manchester. Photo: Brady Sullivan


The EPA finalized a settlement agreement with Brady Sullivan Properties for their alleged failure to follow lead-safe work practices and provide proper lead paint disclosure to tenants at The Lofts at Mill West at 195 McGregor St. in Manchester. Under the terms of the agreement, Brady Sullivan will pay a penalty of $90,461 for its violations of the federal Real Estate Notification & Disclosure Rule and Renovation, Repair and Painting Rule and will certify that it is currently in compliance with these regulations.

In May 2015, the EPA performed a series of inspections at the McGregor St. property after the N.H. Dept. of Health and Human Services (NH DHHS) referred a complaint about lead dust in the building resulting from sandblasting occurring on a lower, unoccupied floor. During the inspections, EPA observed dust and chipping paint throughout the interior common areas of the building, which tenants continued to have access to during renovation activities.

As part of the joint EPA and NH investigations, NH DHHS conducted dust-wipe sampling that confirmed levels of lead in the dust and in paint chips that exceeded acceptable health-protective standards. Additional testing found dust containing levels of lead above the regulatory limit in numerous residential units on the third and fourth floors of the McGregor St. building.

The City of Manchester ordered a halt to sandblasting activities on May 11, 2015, as the subcontractor, Environmental Compliance Specialists, Inc. (ECSI) in Kingston, had not obtained the required permit from the City. On June 19, 2015, the 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. The EPA closely monitored these cleanup activities and expects a final cleanup report and certification from Brady Sullivan shortly.

In August and September of 2016, the EPA issued complaints against both Brady Sullivan and ECSI, citing them for numerous federal lead paint violations. While the settlement resolves the EPA’s action against Brady Sullivan, the agency is continue its actions against ECSI, which filed for Chapter 7 bankruptcy late last year.


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