The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $41,235 penalty to David J. Oliveri and Prudential Lenmar Realty of Natick for violations of MassDEP’s asbestos regulations that occurred at a Worcester residence and an Upton storage unit in February 2009.
MassDEP inspectors originally determined that Oliveri knowingly arranged for asbestos insulation on the home’s heating system to be removed by a general contractor who lacked any asbestos license, training or certifications. The asbestos waste was subsequently moved by the general contractor to a rented storage unit in Upton.
MassDEP personnel inspected both the basement of the residence and the storage unit, and observed that the asbestos-containing waste materials had not been properly removed, handled, packaged or labeled as required by the regulations. Oliveri was required to retain the services of a Massachusetts Division of Occupational Safety-licensed asbestos contractor to properly handle, package and dispose of all the asbestos waste, and to decontaminate the basement and the storage unit.
MassDEP penalized Oliveri for violating the regulations by failing to provide MassDEP with advance notification of a demolition/renovation operation involving asbestos-containing materials; and for the improper removal, handling, packaging and labeling of asbestos-containing waste materials. Proper packaging and labeling of asbestos wastes are critical measures that prevent the release of, and potential exposure to asbestos fibers, and warn of the health hazards associated with that type of waste material.
Under a consent order with MassDEP, Oliveri was required to pay $35,100 of the assessed penalty. The remaining $6,135 was suspended provided that he does not violate the asbestos regulations for the next two years.
"Contractors and operators involved with building renovation work must be fully aware of their responsibilities under the regulations to provide advance notification to MassDEP of activities involving asbestos-contaminated materials, and to follow prescribed work practices to prevent potential exposures workers, tenants and the general public to a known carcinogen," said Martin Suuberg, director of MassDEP’s Central Regional Office in Worcester. "As this case illustrates, noncompliance with the asbestos regulations will result in significant penalty exposure, as well as escalated cleanup, decontamination, disposal and monitoring costs."
