NH DES Settles Case with Brady Sullivan

The New Hampshire Department of Environmental Services (NHDES) has entered into an agreement with Brady Sullivan Millworks and Brady Sullivan Corp. whereby the company will pay a total a fine of $500,000 to resolve allegations of violations of the State’s Hazardous Waste Management Act and Solid Waste Management Act.

The action stems from the management of contaminated soils removed from 195 McGregor Street in Manchester (known as the “Mill West Site,” and formerly the Elbes Associates Site).

The Administrative Fine by Consent is to be paid by Brady Sullivan as follows: 

• $50,000 to the State’s Hazardous Waste Cleanup Fund,
• $200,000 to the Town of Bartlett to fund a Supplemental Environmental Project (SEP) that involves developing a riverbank stabilization design and landfill closure design for the former Bartlett Landfill located on U.S. Route 302 in Bartlett,
• $125,000 to the City of Manchester to fund a SEP involving contaminated soil cleanup at 307 Kidder St. in Manchester, a City-owned lot associated with a hotel and parking garage development,
• $125,000 to the Town of Londonderry to fund a SEP that involves site assessment and cleanup planning at 35 Gilcreast Road, a former apple orchard property that is subject to a conservation easement held by the Town.

According to the DES statement, prior to 2013, as part of construction and development activities, Brady Sullivan transported contaminated soil from the Mill West Site to a gravel pit property that it owns in Londonderry.  The contaminated soils were subject to a hazardous waste determination to determine their regulatory status prior to off-site disposal. Brady Sullivan did not conduct the required determinations on the transported soils.

Later testing of the soils revealed that the concentrations of tetrachloroethylene in the soils caused them to be classified as solid waste, necessitating proper disposal at a permitted solid waste facility. At the direction of NHDES, Brady Sullivan subsequently removed the soils from the Londonderry property and properly disposed of them, at significant expense, at a permitted solid waste facility.

“It is vital that developers and contractors comply with all applicable laws and rules relative to management of contaminated soils, particularly at former commercial and industrial properties where hazardous materials have previously been in use,” says NH DES Commissioner Robert R. Scott.

“I am pleased that this case has been resolved in a manner that will serve as a notice to all of the importance of proper soil characterization and management, while helping three communities to address environmental challenges involving management of soils and solid waste.”