Attorney General Reilly Obtains $40k Judgment Against Contractors For Asbestos Violations at Ashburnham School

BOSTON -- Two Worcester-area contractors must pay $40,000 to resolve allegations that they violated state environmental laws aimed at safe asbestos removal while renovating the Oakmont Regional High School in Ashburnham, Attorney General Tom Reilly announced today. AG Reilly's complaint and judgment, filed today in Suffolk Superior Court, alleges Patriots Environmental Corp., an asbestos removal contractor in Worcester, and CRB Demolition Corp., a construction and demolition company in Charlton, violated the Commonwealth's Clean Air Act and waste disposal laws. According to the complaint, the two companies improperly removed and disposed of paint containing asbestos found in the ceiling of the auditorium of the Oakmont Regional High School in January 2003.

"Contractors working in asbestos removal must take their jobs seriously and abide by state laws aimed at protecting our citizens and our air quality," AG Reilly said. As a result of the prompt response by the Massachusetts Department of Environmental Protection (MassDEP), the asbestos was likely contained properly and disposed of soon after the contractors removed the ceiling material. Without effective containment practices, asbestos may become airborne when asbestos-containing construction materials are disturbed.  Asbestos in the air can present serious health risks to anyone who inhales the fibers. "The essential service which a licensed asbestos contractor is hired to provide is to ensure that an adequate level of protection from exposure to asbestos is provided," MassDEP Commissioner Robert W. Golledge Jr., said. "Certain work procedures have been established and must be followed - from removal to disposal - that are critical measures designed to prevent building occupants from being exposed to asbestos fibers, and to keep other parts of the building from becoming contaminated." According to AG Reilly's complaint, the two contractors allegedly failed to notify the MassDEP, as required by law, before beginning to remove paint containing asbestos from the ceiling of the high school auditorium during renovations. The contractors also allegedly failed to use required containment methods to ensure that asbestos would not be released to the air and illegally disposed of asbestos waste generated by the work.  Because of the health risks associated with the release of asbestos fibers, the law requires anyone proposing to perform asbestos abatement work strictly adhere to air pollution control methods.

AG Reilly's complaint alleges that Patriots illegally handled material containing asbestos at job sites at the former Princeton Paper Company in Fitchburg; the Hopedale Industrial Center in Hopedale; Masconomet Regional High School in Topsfield; Westborough High School; and a commercial property at 32 Providence Street in Worcester. No known injuries occurred at any of these sites. AG Reilly also alleged in today's complaint that Patriots established an illegal waste disposal site at its company headquarters on Ludlow Street in Worcester. In addition to the $40,000 civil penalty, $10,000 of which will be forgiven if the contractors  make timely payments,  the judgment requires the two companies to comply with asbestos removal laws in the future or face further penalties for contempt. Assistant Attorney General Andrew Goldberg of AG Reilly's Environmental Protection Division prosecuted the case. Gregg Levins, Don Heely, Michael Penny and John Regan of the MassDEP's Central Regional Office provided technical assistance.

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	Did You Know?
	Employer must re-test, & examine monitored systems, when the work place fuctions or area is changed The employer must reinitiate monitoring whenever there has been a change in the production, process, control equipment, personnel or work practices that may result in new or additional exposures to asbestos above the PEL and/or EL, or when the employer has reason to suspect that a change may result in new or additional exposures above the PEL and/or EL.