The Massachusetts Department of Environmental Protection has assessed a $54,937 penalty to ALCS, Inc., an Aiken, S.C., scrap metal company, for multiple violations of state asbestos regulations that occurred during work the company conducted at a closed plant in Southborough, Mass.
In July 2008, the MassDEP received a complaint from the Southborough Fire Department about an improper asbestos removal project being conducted at a former ice cream making plant. Firefighters had observed illegal asbestos removal activities while responding to an electrical explosion at the property.
MassDEP conducted an inspection and found that the building was undergoing extensive interior demolition, and that asbestos-containing insulation was being removed dry, without any work area containment or air filtration system in place.
Additionally, MassDEP observed dry, friable asbestos materials uncontained and exposed throughout the building and dumpsters – all violations of asbestos regulations.
Upon discovery of the violations, MassDEP halted the demolition operation, and required the owners to hire a Massachusetts Division of Occupational Safety-licensed asbestos contractor to properly remove, package and dispose of all the asbestos-containing waste at the site, and to decontaminate all affected areas of the facility and the dumpster.
ALCS was cited for failing to provide advance notification to MassDEP of the demolition and of a demolition/renovation operation involving asbestos-containing materials. The company also was cited for improperly removing and handling asbestos-containing materials, improper handling, packaging, storing and disposing of asbestos-containing waste materials, and allowing asbestos-containing materials to be handled in a manner that caused or contributed to a condition of air pollution at the site, located at One Harvest Lane.
Under the terms of a negotiated settlement, MassDEP suspended $39,937 of the assessed penalty provided that the company has no further violations for one year.
"Contractors doing demolition and renovation work in Massachusetts must be fully aware of their responsibilities under the regulations to thoroughly inspect buildings slated for demolition and renovation for the presence of asbestos-containing materials," says Martin Suuberg, director of MassDEP's Central Regional Office in Worcester.
"Failure to identify and remove asbestos materials prior to commencing demolition or renovation is an extremely serious and ultimately a costly oversight that potentially exposes workers, tenants and the general public to a known carcinogen. As this case illustrates, noncompliance of this magnitude inevitably results in significant penalty exposure, as well as escalated cleanup, decontamination, disposal and monitoring costs," he adds.