Home Improvement Contractor to Pay up to $60,000 to Settle Allegations of Asbestos Violations at Ayer Home

BOSTON – March 28, 2016 – (RealEstateRama) — A home improvement contractor will pay up to $60,000 to settle allegations of failing to follow required procedures when he improperly removed asbestos-containing shingles from the exterior of an Ayer home undergoing renovation, Attorney General Maura Healey announced today.

“Improperly removing and handling asbestos can create serious health problems,” said AG Healey. “Asbestos removal must be performed according to strict procedures, and we vigorously will pursue those who fail to comply with the law and potentially put the public at risk from exposure to asbestos.”

In its complaint, filed in May 2015, the AG’s Office alleges that Pablo Carbonell violated the Massachusetts Clean Air Act and its implementing regulations when he haphazardly broke the transite asbestos shingles off of the house without following proper procedures, including wetting, covering, or containing the asbestos during removal.

Under the terms of the consent judgment, approved today by Suffolk Superior Court Judge Peter Lauriat, Carbonell will pay a $60,000 civil penalty, $15,000 of which will be suspended and will be waived if Carbonell complies with the terms of the consent judgment over its full term.

“Before any demolition or renovation activity begins, contractors must identify asbestos-containing materials so they can be properly removed and handled in accordance with the law,” said Massachusetts Department of Environmental Protection (MassDEP) Commissioner Martin Suuberg. “Following required work practices is imperative in order to protect workers and the general public from asbestos exposure.”

The complaint also alleges that Carbonell failed to properly dispose of the asbestos waste material, and left numerous pieces of broken shingles containing asbestos exposed and scattered around the foundation of the house for months. Carbonnell allegedly stored the shingles in cardboard boxes without the proper labeling.

According to the complaint, MassDEP discovered the scattered asbestos-containing shingles during an inspection in January 2014.

The proper handling of asbestos-containing materials during construction and demolition work is necessary to protect human health. Airborne asbestos fibers taken into the lungs by breathing may over time cause serious lung diseases, including asbestosis, lung cancer, or mesothelioma. Asbestosis is a serious, progressive, long-term, non-cancer disease of the lungs for which there is no known effective treatment. Mesothelioma is a rare form of cancer that is found in the thin membranes of the lung, chest, abdomen, and heart, and may not show up until many years after exposure.

This case has been handled by Assistant Attorney General Meghan Davoren of Attorney General Healey’s Environmental Protection Division and Betsy Harper, Deputy Chief of AG Healey’s Environmental Protection Division, with assistance from MassDEP personnel, including Rebecca Tobin, Don Heeley, Gregg Levins, and Anne Blackman of MassDEP’s Worcester Regional Office.

Media Contact

Chloe Gotsis (AGO)
(617) 727-2543

Joe Ferson (MassDEP)
(617) 654-6523