CONCORD – New Hampshire Department of Environmental Services Commissioner Robert Scott said the department entered into an Administrative Fine by Consent agreement with Brady Sullivan Millworks LLC and Brady Sullivan Corp. (collectively “Brady Sullivan”) resolving allegations of violations of the State’s Hazardous Waste Management Act and Solid Waste Management Act relative to management of contaminated soils removed from 195 McGregor St. in Manchester.

The agreement assesses a total administrative fine of $500,000 to be paid as follows: $50,000 to the State’s Hazardous Waste Cleanup Fund, and the remaining $450,000 to be used to implement Supplemental Environmental Projects in three New Hampshire communities, Bartlett, Manchester, and Londonderry.

Department officials said 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. 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,” Scott said.

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