DEP Assesses Chelmsford Contractor $15,000 Penalty v

CONTACT: Edmund Coletta
(617) 292-5737
Massachusetts Department of Environmental Protection

North Chelmsford, MA – June 22, 2004
A North Chelmsford company has agreed to pay a $15,000 penalty to the Commonwealth for failing to follow asbestos removal notification and work procedures required by Department of Environmental (DEP) regulations.

During a March 2004 inspection, DEP found that personal from the company, Servpro, improperly removed asbestos containing sheet flooring at an occupied residence in Maynard as part of cleanup work associated with a water leak. The company removed the asbestos containing materials dry, without properly sealing off the work area, and without utilizing air filtration equipment as required by the regulations. Additionally, the company failed to properly package, label and store asbestos containing waste material generated from the project, and did not provide advance notification to DEP of the removal.

DEP regulations require that removal contractors utilize methods of capture and containment which will prevent the migration of asbestos fibers and asbestos containing materials out of the work area. Servpro was required to retain a Massachusetts Division of Occupational Safety licensed asbestos contractor to properly handle, package and dispose of these asbestos wastes and decontaminate all affected areas of the property.

?Contractors must recognize that removal of asbestos containing materials without using the proper removal, handling and disposal procedures is an extremely serious matter, which potentially exposes workers, building occupants and the general public to a known carcinogen,? said Martin Suuberg, director of DEP?s Central Regional Office in Worcester. ?Contractors must be aware that noncompliance with the asbestos regulations is a costly decision to make both in terms of penalty exposure, and the substantially higher cleanup, decontamination, disposal and monitoring costs.?

Property owners or contractors with questions about asbestos-containing materials, notification requirements, proper removal, handling, packaging, storage and disposal procedures, or the asbestos regulations are encouraged to contact the appropriate DEP regional office for assistance.

The Department of Environmental Protection is responsible for ensuring clean air and water, safe management of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.