Massachusetts DEP Fines Companies for Improper Asbestos Removal

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $45,412.50 penalty jointly to J.H. Lynch & Sons Inc., Cumberland, R.I., and Costello Dismantling Co. Inc., Middleboro, Mass., for violating MassDEP's asbestos regulations during work that the two companies conducted in Worcester, Mass.

During an inspection, conducted November 2008, MassDEP personnel 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 waste 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 a condition of air pollution.

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

"Contractors doing demolition and construction site work in Massachusetts must be fully aware of their responsibilities under the regulations to identify asbestos-containing materials which they encounter in the course of their work, and then take appropriate response actions," says Martin Suuberg, director of MassDEP's Central Regional Office in Worcester. "Failing to identify asbestos materials and immediately take measures to have them removed, handled, packaged and stored in accordance with the regulations is an extremely serious oversight that potentially exposes workers and the general public to a known carcinogen. Noncompliance inevitably results in significant penalty exposure, as well as escalated cleanup, decontamination, disposal and monitoring costs."