The Massachusetts Attorney General’s Office (AGO) has reached an agreement with Compass Restoration Services, a Ludlow-based asbestos and lead abatement company, to resolve allegations that the company violated the Massachusetts Clean Air Act and its asbestos regulations by illegally removing, handling, and storing asbestos-containing materials during three separate renovation projects at a commercial facility in South Hadley and two single-family homes in Ashfield and East Longmeadow.
The AGO alleged that these violations led to the repeated exposure of the public, employees and nearby residents to airborne asbestos fibers.
According to the AGO, in South Hadley, Compass performed abatement work on a rooftop mechanical penthouse that left pieces of asbestos-containing insulation dry, exposed, and scattered on the rooftop. In Ashfield, Compass removed a home boiler covered in asbestos-containing insulation and left dry, asbestos-contaminated debris exposed in its basement work area. In East Longmeadow, Compass was contracted to perform asbestos abatement work at a residential property and left pieces of dry, exposed asbestos-containing siding on the ground outside around the home.
Asbestos is a hazardous material and known human carcinogen regulated under the Clean Air Act.
Under the terms of the agreement, Compass will pay $115,000 in penalties to the Commonwealth, $55,000 of which will be paid into the Environmental Justice Trust Fund to support on-the-ground projects to address environmental harms. Up to $25,000 of the penalties are eligible to be suspended contingent upon Compass’s compliance with the agreement and the Clean Air Act.
Compass is also required to provide MassDEP with additional advance notice of its future work for a year. .
Compass denies the factual allegations and further denies any liability for the claims asserted in the complaint, but said it consented to the judgment in order to avoid the burden and expense of further litigation and at trial.
In another asbestos enforcement action, the AGO reached an agreement with Imperial Park ‘n Shop, a local supermarket located in Auburn. This agreement resolved allegations that the company violated the Massachusetts Clean Air Act and state asbestos regulations during the removal of asbestos-containing floor tiles within the supermarket without using proper removal, handling, and storage practices.
Under the terms of the consent judgment entered by the Superior Court on September 8, Imperial will pay up to $300,000 in civil penalties, with an initial payment of $240,000 to be paid within 30 days.
Imperial Park ‘n Shop has denied the allegations and any liability arising out of the facts or laws referenced or alleged in the complaint;
Topics Claims Massachusetts
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