Clapper, Patti, Schweizer and Mason

The Massachusetts Department of Environmental Protection (MassDEP) levied a $30,000 fine against a statewide chain of popular convenience stores for asbestos violations during recent renovation work at one of their locations. 

The Tedeschi Food Shop Leominster, MA was subject to an inspection by MassDEP after renovations had been completed.  In August of 2010 MassDEP inspectors found remnants of floor tiles containing asbestos simply lying around the property.  Further investigation found that several more tiles had been improperly removed, handled, and transported by the contractor hired to do the work.   

State and federal regulations require that any individual or contractor preparing to remove building materials which may contain asbestos to test the material first.  If the materials are found to contain the hazardous carcinogen, MassDEP must be notified and asbestos abatement must be completed by an authorized and properly licensed contractor. 

The tiles removed from the Tedeschi store on Central Street in Leominster were never reported to the regulatory agency.

Asbestos was commonly used in building materials until 1986.  However, it can cause deadly cancers and mesothelioma if the fibers are inhaled or ingested.  While intact and in good condition, asbestos containing materials pose little threat, but once disturbed the chance of polluting the air with asbestos grows exponentially.  Therefore, any removal or transportation of materials containing asbestos is strictly regulated. 

The fine was only part of the punishment handed out by MassDEP.  Tedeschi was also ordered to hire a Massachusetts Division of Occupational Safety-licensed asbestos contractor to properly remove the hazardous material to minimize the risk of further exposure to shoppers and employees.  In addition, the company was ordered to decontaminate the entire store before regular business could resume.

The deputy director of MassDEP, Lee Dillard, said in a statement that “Failure to identify and remove asbestos materials prior to commencing such operations is an extremely serious, and ultimately a costly oversight that potentially exposes workers and the general public to a known carcinogen." 

The Environmental Protection Agency (EPA) has repeatedly stated that there are no safe levels of exposure to asbestos and any amount of fibers that are inhaled or ingested could possibly cause terminal mesothelioma. 

Dillard went on to say that “corporations in Massachusetts must be fully aware of their responsibilities under the regulations to thoroughly inspect areas of their facilities for the presence of asbestos-containing materials prior to commencing renovation or demolition work.”

While it is MassDEP’s responsibility to oversee the safety of the general public in addition to workers employed within the state, the organization has agreed to waive $7,100 of the $30,000 fine if Tedeschi has no further asbestos violations for a period of one year.  Tedeschi's promised to revise its renovation protocol in order to ensure compliance with state and federal regulations.