EPA v. BRADY SULLIVAN MILLWORKS II LLC AND BRADY SULLIVAN MILLWORKS IV LLC

Case summary

On February 22, 2017, Region 1 filed a Consent Agreement and Final Order resolving an administrative complaint pursuant to TSCA filed against Brady Sullivan Millworks II, LLC (Millworks) and Brady Sullivan Millworks IV, LLC (Millworks IV), for violations of the Lead Disclosure Rule and the Renovation, Repair and Painting (RRP) Rule. The RRP Rule violations resulted from the renovation of a portion of a Manchester, New Hampshire former mill building owned by Brady Sullivan conducted by a subcontractor for the purpose of converting the space to apartments. Because the sandblasting activities were not properly contained, dust containing high levels of lead spread to common areas and residential units located on the upper floors of the building. In June 2015, Region 1 issued an Order to Brady Sullivan under Section 7003 of RCRA to clean up the lead dust in the building. Millworks II owns the third and fourth floors of the building where the residential apartments are located. Millworks IV owns the area where the renovation was being conducted on the first floor. Children and at least one pregnant woman resided in the building at the time of renovation. The specific violations alleged in the complaint were as follows: Millworks II - failure to provide lessees with records or reports pertaining to lead-based paint or lead based-paint hazards. Millworks IV (as general contractor) - failure to obtain initial firm certification; failure to assign a certified renovator; and failure to maintain records. The CAFO requires the Respondents to pay a penalty of $90,461, and maintain compliance with the RRP and Disclosure Rules. This settlement will help to protect children and pregnant women from the hazards posed by lead-based paint.

Defendants (2)

• Brady Sullivan Millworks IV LLCNamed in complaintNamed in settlement
• Brady Sullivan Millworks II LLCNamed in complaintNamed in settlement

Facilities (1)

• BRADY SULLIVAN MILLWORKS LL LLC AND BRADY SULLIVAN MILLWORKS IV LLC

  670 N COMMERCIAL STREET STE 303, MANCHESTER, NH, 03101

  Registry ID: 110069492114

Statutes cited

• TSCA 406B — Lead: Pre-Renovation Education Rule
• TSCA 402A — Lead: Abatement

Enforcement conclusions (1)

• BRADY SULLIVAN MILLWORKS II LLC AND BRADY SULLIVAN MILLWORKS IV LLCentered 2017-02-22

  Primary law: TSCA

  Federal penalty: $90,461

Timeline (3 milestones)

• 2016-08-01Complaint Filed/Proposed Order
• 2016-08-22Enforcement Action Data Entered
• 2017-02-22Final Order Issued