Clapper, Patti, Schweizer and Mason

Suffolk Superior Court Judge Regina Quinlan ordered JM Realty Management Inc., a Boston, MA firm, and its owner, John McGrail, to pay $200,000 in fines for both the illegal removal of asbestos containing materials as well as improper disposal. Federal, state and local agencies have strict requirements around asbestos abatement given the high risk that exposure can lead to serious illnesses, such as mesothelioma and advanced non-small cell lung cancer. 

McGrail and the company both pled guilty in court on March 23 of this year to multiple charges stemming from a Massachusetts Environmental Crimes Strike Force investigation which found evidence substantiating claims that the company illegally removed and disposed of building materials containing potentially lethal asbestos fibers between 2005 and 2007.

Prosecutors under the leadership of Massachusetts Attorney General Martha Coakley charged JM Realty with 4 counts of violating the Massachusetts Clean Air Act for their failure to notify the Massachusetts Department of Environmental Protection of their planned removal and disposal of potentially hazardous materials, 4 counts of failure to comply with procedures for asbestos emissions control regulations, and 3 counts of improper disposal of asbestos.   

McGrail himself was charged with 3 counts of violating the Massachusetts Clean Air Act, 3 counts of failure to comply with procedures for asbestos emissions control, and 2 counts of improper asbestos disposal. 

This all stems from actions McGrail took as founder of the Mayo Group, a collective of businesses.  It was alleged that McGrail personally instructed workers to remove and dispose of asbestos containing materials from multiple building and renovation sites owned by the Mayo Group in Lynn, Boston, and Worcester.  The materials were then illegally transported to and stored at a warehouse in South Boston until which time they could be disposed of in dumpsters at properties owned by the Mayo Group.  Some of the hazardous material was also dumped in a vacant lot in Lynn.

In order to make this operation harder to trace, McGrail paid laborers under the table in cash resulting in separate charges being filed against JM Realty and McGrail for failure to pay taxes and unemployment insurance for those workers.

Originally indicted on April 2, 2010 and arraigned in May of that year, McGrail and JM Realty plead not guilty.  However, those pleas were changed on March 23, 2011. 

In addition to paying a $200,000 fine, the defendants must also provide asbestos awareness training to their employees and stay under the watchful eye of an independent auditor to ensure compliance with environmental laws.

McGrail, it seems, is no stranger to this type of action.  A second company owned by him, Worcester Commons, LLC, was arraigned in Worcester Superior Court on similar charges in 2009 relating to renovations to Worcester Commons.  The 10-story building, owned by Worcester Commons, LLC, was found to have asbestos containing materials on the second floor which workers were simply throwing out windows and into dumpsters at the worksite. 

This negligence unnecessarily placed bother workers and residents (many of which were still in their apartments at the time) in great danger.

Worcester Commons, LLC. is on probation awaiting trial.