Massachusetts Inspectors Uncover 174 Asbestos Violations

BOSTON, Massachusetts, May 7, 2004 (ENS) - In a three month asbestos law enforcement sweep targeting the illegal handling and disposal of hazardous asbestos by contractors, Massachusetts’ environmental agencies have found numerous violations of state asbestos regulations.

The asbestos enforcement action, announced by Environmental Affairs Secretary Ellen Roy Herzfelder and Department of Environmental Protection (DEP) Commissioner Robert W. Golledge, Jr., involved 174 site inspections since February 1, 2004.

The inspections of public and private worksites – which included stings outside of normal work hours – resulted in 174 violations and 45 major enforcement cases. More than $1.2 million in penalties have been assessed for those violations.

“The Commonwealth’s strict asbestos regulations are protective of the environment and the public health, but when contractors and property owners fail to comply with the rules, they may be exposing workers and the general public to a known carcinogen,” Roy Herzfelder said. "Violators have been put on notice that they cannot cut corners and put the public at risk.”

“Our asbestos sweep targeted school projects, contractors with a history of poor removal practices and unaware homeowners who may not know asbestos is being removed improperly by their contractor,” Golledge said.

“Many of our inspections occurred in urban areas because we want to make sure that residents living in neighborhoods with older housing and school buildings that are undergoing renovation are protected from exposure,” he said.

Contractors doing asbestos abatement work in school buildings were hit with 27 inspections, including many during the February school vacation week. DEP inspectors uncovered eight cases with violations that have resulted in higher level enforcement actions.

As part of the sweep, DEP performed 22 site inspections of licensed asbestos contractors, especially those with a previous history of poor removal practices. Twenty-four higher level enforcement actions resulted, with a total penalty exposure for those violations totaling $698,3000.

From these cases, DEP has referred nine licensed asbestos contractors to the state Division of Occupational Safety (DOS) for possible licensure actions.

DOS Deputy Director Robert Prezioso said, “Whether contractors pose a hazard to workers, residents or the environment, their license to operate in Massachusetts will be in jeopardy if they don’t follow the regulations.”

The asbestos enforcement sweep involved cases at residential sites where unaware homeowners may not have known that asbestos was being removed and disposed of improperly by their contractors. DEP inspections resulted in 17 higher level enforcement cases involving friable asbestos, asbestos plumbing insulation and exterior asbestos shingle removal.

Property owners need to be aware that asbestos is a known human carcinogen, and must be handled in accordance with state regulations that protect the environment and the public health from exposure. Residents should hire a state licensed asbestos contractor and check with the DOS to make sure the contractor is operating in good standing, the agency said.

State Attorney General Tom Reilly said, "We all have the right to breathe air that is free of pollutants, such as asbestos, that can be unhealthy or even deadly. This initiative should serve as a reminder of the dangers of this known carcinogen to those who endanger workers and the public by failing to control the release of asbestos."

DEP also issues notices of noncompliance to asbestos contractors for failing to tell the agency about asbestos project schedule changes. DEP needs to know about these changes so the agency can inspect for proper work practices while jobs are ongoing. Contractors can now register for online filing in less than five minutes and start filing with DEP online immediately. Log on to: http://www.mass.gov/dep