Question of intent - Page 6

As lawsuits and regulators probe Lennar Corp.'s negligent approach to development on Hunters Point, a new campaign seeks to give the embattled corporation even more control over SF

1, 2006, we brought in other professionals to assist with duties initially assigned to McIntyre."

But public records reveal that things continued to go awry at the site, long after the bulk of McIntyre's construction field-management duties were transferred to David Wilkins, an employee of Lennar subcontractor Luster National.

According to a report filed by the city's Department of Health, on July 7, 2006, the DPH's Amy Brownell drove to the Lennar trailers and informed McIntye that Lennar was in violation of Article 31, the city's construction-dust ordinance, after she observed numerous trucks generating "a significant amount of dust that was then carried by the wind across the property line." She even observed a water truck on the haul road doing the same thing as it watered the road.

On Aug. 9 — eight days after McIntyre was relieved of his field-construction management duties and seven days after Lennar declared it could not verify any of its air district–mandated asbestos-monitoring data — Brownell drove to the Lennar trailers and spoke with McIntyre's successor, Wilkins, about dust problems generated by hillside grading, haul trucks, and an excavator loading soil into articulated trucks.

"Every time [the excavator] dumped the soil into the trucks, it created a small cloud of visible dust that crossed the project site boundary. There was no attempt to control the generation of dust," Brownell observed in her Aug. 9, 2006, inspection notes.

On Sept. 21, seven weeks after McIntyre's transfer, Brownell issued Lennar an amended notice of violation when it came to her attention that construction-dust monitors hadn't been in place for the first two months of heavy grading.

On Dec. 8, 2006, five months after McIntyre's reassignment, Lennar got slapped with another violation after DPH industrial hygienist Peter Wilsey observed on Nov. 30, 2006, that "dust from the work, particularly from the trucks on the haul road, was crossing the property boundary."

And on Aug. 17, a year after McIntyre left, the DPH issued Lennar its most recent violation for not controlling dust properly. But this time the notice included a 48-hour work suspension period to establish a dust-control plan monitor to be supervised by DPH staff, with costs billed to Lennar.

"The issuance of notices of violations shows the regulatory system is working," Brownell told the Guardian. "Dust control on a gigantic project like this is a continuous, everyday process that every single contractor has to do properly. That's Lennar's issue and problem. At DPH, we feel we have enough tools to do inspections, which Lennar gets billed for. And if they violate our requirements again, we'll shut them down again. Or fine them."

So far, the DPH has not chosen to fine Lennar for any of its Parcel A dust violations.

"We considered it for this last violation but decided that shutting them down for two days was penalty enough," Brownell says, adding that while she'd "never just rely on air monitors, a monitor helps when you're having problems with dust control, because then you can say, 'Here's scientific proof.'<0x2009>"

And scientific proof, in the form of monitoring data during the long, hot, and dusty summer of 2006, would likely have triggered numerous costly work slowdowns and stoppages. According to a memo marked "confidential" that the Guardian unearthed in the air district's files, Lennar stated, "It costs approximately $40,000 a day to stop grading and construction" and "Gordon Ball would have to idle about 26 employees at the site, and employees tend to look for other work when the work is not consistent."

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