Three NH companies fined six figures for breaking EPA rules

August 9th, 2016 by Dakota Software Staff Industry News

The Environmental Protection Agency recently announced significant, six-figure fines for three New Hampshire businesses that the regulator believes violated federal lead paint regulations. The three businesses, two of which are connected enterprises involved in real estate and the other a compliance-oriented subcontracting organization, are alleged to have violated the federal agency's Renovation, Repair and Painting rule. Additionally, the two real estate businesses are accused of breaking provisions of the Real Estate Notification and Disclosure rule. The two real estate entities face a total penalty of $139,171, according to Legal NewsLine, while the subcontractor faces a $152,848 penalty.

Potentially dangerous issues with lead paint
The fines are related to what the EPA believes is improper management of lead paint at a new residential development of an existing mill building. The apartment builders are accused of working with a subcontractor to sandblast the walls in an area of the mill with residents already living inside. Because of the mill's age, the sandblasting disturbed existing lead paint on the walls and exposed dozens of occupied units to potentially harmful lead particulate in the air, according to New Hampshire Public Radio. That incident spurred a further EPA investigation that found the apartment building and realty company hadn't informed residents of the chipping and peeling lead paint present in the structure before they moved in. Lead paint was commonly used in a variety of residential, commercial and industrial contexts prior to its ban in 1978.

"EPA always works to ensure that building owners, property managers and construction contractors understand and comply with federal lead-paint disclosure and lead-safe work practice requirements to protect people from exposure to lead," said Curt Spalding, regional administrator of EPA's New England office, to Legal NewsLine. "This is especially important when children are involved since exposure to lead can have serious developmental impacts on kids' growing bodies and minds."

For its part, the real estate company apologized for exposing tenants to toxic substances and said it already stopped working with the subcontractor that performed the sandblasting. The company hasn't responded to the EPA about the fines, although it has 30 days to do so. Adding to the company's worries is a lawsuit headed by a former tenant who believes the business was negligent in dealing with those risk factors. These fines - and other issues facing the company - are a strong reminder of the many environmental regulations businesses of all types face in the course of regular operation.