Massachusetts DEP Fines Companies for Improper Asbestos Removal

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $45,400 penalty jointly to J.H. Lynch & Sons Inc., Cumberland, R.I., and Costello Dismantling Co. Inc., Middleboro, Mass.

During an inspection, conducted November 2008, MassDEP personnel said they observed significant quantities of concrete duct bank containing asbestos transite pipe that had been excavated, broken up and stockpiled in an uncontained manner at the site. Upon discovery of the violations, MassDEP required that a Massachusetts Division of Occupational Safety licensed asbestos contractor be retained to properly remove, package and dispose of all the asbestos-containing material being stored at the site.

In the consent order, the companies were cited for failing to notify MassDEP of a demolition/renovation operation involving asbestos-containing materials; for improper handling, packaging and storage of asbestos-containing waste materials; and for allowing asbestos-containing materials to be handled in a manner that caused or contributed to air pollution.

Under the terms of the order, the companies agreed to remain in compliance with applicable regulations in the future and to pay the penalty.