Apr 7, 2011 - Massachusetts DEP Fines Two Area Building Contractors
A 2008 investigation by the Massachusetts Department of Environmental Protection (DEP) resulted in over $45,000 in fines for Rhode Island and Middleboro contractors after pieces of asbestos containing materials were found lying in rubble piles at a worksite on Tobias Boland Way near the College of the Holy Cross in Worcester, MA,
A $45,412.50 joint penalty was levied against Costello Dismantling Company, Inc. of Middleboro and J.H. Lynch & Sons, Inc. of Cumberland, R.I. after a routine inspection of a jobsite found a “significant” amount of transite pipe, containing asbestos, on the ground.
Asbestos fibers can break free from these construction materials and become airborne during demolition, transportation, and storage. These fibers can then be inhaled or ingested and may cause lethal cases of mesothelioma, lung cancer, and other diseases. The Federal Clean Air Act mandates that all asbestos removal projects be conducted under strict supervision by workers wearing proper safety gear. In addition, materials containing asbestos are required to be stored and transported in sealed containers to avoid contamination.
The Massachusetts DEP stepped in after these violations were discovered and required the contractors to bring in an asbestos contractor licensed by the Massachusetts Division of Occupational Safety to properly remove and dispose of the hazardous materials.
The two contractors were cited for failing to file the proper paperwork concerning asbestos removal, improperly handling the hazardous materials, and allowing—through their handling of the materials—the construction materials to create air pollution.
In Massachusetts it is the building contractor’s responsibility to recognize asbestos containing building materials and respond to the situation appropriately, according to Martin Suuberg, director of DEP’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,” exposing workers and the public to a deadly cancer-causing agent responsible for thousands of deaths every year.
The Environmental Protection Agency (EPA) suggests that there is no “safe” level of exposure to asbestos as even one microscopic fiber can be enough to cause mesothelioma. Even worse, those exposed may not know they have even been at risk. Asbestos fibers can stay within the body forever and symptoms do not present themselves until decades after initial exposure.
DEP Regional Offices are equipped to help contractors and homeowners to identify and learn to properly respond to any asbestos containing materials they may come across during home or business renovations and reconstruction. In fact, many either offer classes on identification or can point to individuals to resources that do offer the necessary training.
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