NORTH ATTLEBORO - The real estate developer responsible for turning the former V.H. Blackinton & Co building on Commonwealth Avenue into housing is facing fines of up to $227,500 for violating hazardous waste requirements while working on the project.

The federal Environmental Protection Agency has filed a complaint alleging that the company Blackinton Commons LLC of Brookline and its management company, CG2 Inc., violated the law by failing to property identify and dispose of hazardous waste during their work to redevelop the former jewelry manufacturing site, located at 140 and 148 Commonwealth Ave. The companies are accused of violating the Resource Conservation and Recovery Act.

Both the real estate development and management companies are registered with the state at a Brookline address, with their president listed as Gerald Cohen of Brookline. There were no phone listings for Blackinton Commons LLC, CG2 Inc., or Gerald Cohen in the Brookline telephone directory.

According to the Environmental Protection Agency, the work to redevelop the former factory site included excavation and disposal of waste from the facility's former wastewater sludge lagoons. The former facility included an electroplating operation which used the lagoons to collect wastewater treatment sludge before disposing of it off-site. The sludge, which is considered hazardous waste, contained contaminants including arsenic, cadmium, chromium, lead and silver.

The Environmental Protection Agency alleges that when the lagoon are was excavated, the contaminated material was sent to a landfill in Rochester, N.H. that was not authorized to accept hazardous waste. In addition, it is alleged that Blackinton and CG2 failed to identify the waste excavated from the lagoons as hazardous waste and mixed the hazardous waste sludge with other waste from the remediation to create approximately 212 tons of hazardous waste. Blackinton and CG2 failed to adequately determine whether the hazardous waste met RCRA standards for land disposal.

"This case underscores the importance for real estate developers to understand their obligations under federal environmental laws," said Robert Varney, regional administrator of EPA's New England office. "Following hazardous waste requirements helps ensure that the health of people and the environment is being protected."

The Massachusetts Department of Environmental Protection is overseeing ongoing environmental work at the property to ensure that the site is properly closed.

AMY DeMELIA can be reached at 508-236-0334 or at ademelia@thesunchronicle.com.