The owner of a Boston-based real estate development and management company was arraigned for the improper removal and disposal of asbestos at various properties throughout the Bay State and for failing to provide pay records and evading unemployment insurance payments.
Between 2005 and 2007, John McGrail, the principal of JM Realty and the founder of a group of businesses known as the Mayo Group, instructed his employees to perform demolition and renovation services at three Mayo Group properties in Lynn, Boston and Worcester. Authorities allege asbestos from those buildings was transferred to a warehouse at 177 Old Colony Ave. in South Boston, and thereafter distributed in dumpsters at various Mayo Group properties around Boston to be picked up with the regular trash.
According to authorities, construction debris containing asbestos was also dumped at a vacant lot on Bubier Street in Lynn. None of these locations was permitted for the disposal of asbestos waste.
McGrail and JM Realty violated the state Clean Air Act by failing to notify MassDEP of asbestos demolition, failing to follow mandated asbestos removal procedures during the demolition and renovation and improperly disposing of asbestos waste, according to authorities.
Authorities also allege McGrail personally instructed his employees to pay workers in cash to remove and dispose of the asbestos containing materials. JM Realty allegedly failed to withhold taxes, make unemployment insurance contributions, or provide pay stubs for the workers.
McGrail, 46, has been charged with three counts of violating the state Clean Air Act for failure to file notices of asbestos removal with the MassDEP, three counts of failure to comply with procedures for asbestos emissions control and two counts of improper disposal of asbestos waste. McGrail was also arraigned on four counts of evasion of unemployment insurance and four counts of failure to provide pay records.
He was arraigned in Suffolk Superior Court on April 2, where he pleaded not guilty and was released on personal recognizance. McGrail and JM Realty are due back in court on May 3 for a pre-trial conference.
The Mayo Group denies the charges.
"We believe these charges, amounting to alleged paperwork violations, are totally without merit. The safety of our workers is always paramount as is compliance with all state and environmental regulations and laws. We look forward to having our day in court to vindicate our position," Taran Grigsby, vice president and general counsel of The Mayo Group, said in a statement.
