Massachusetts AG Reaches Settlement with Companies over Air, Waste Violations

The state of Massachusetts has reached an agreement with three companies that were involved in removing, transporting and disposing of asbestos-containing industrial ovens. The action was a violation of the state’s clean air and solid waste disposal laws.

Massachusetts Attorney General Martha Coakley says that the three companies – GKN Sinter Metals Inc., Keeney Rigging and Trucking Inc. and Joseph Freeman Co. Inc., -- will collectively pay $27,000 in civil penalties under terms of the settlement.

GKN Sinter is a Michigan company that formerly operated a smelter in Worcester, Mass.; Keeney Rigging is a Connecticut transportation company; and Joseph Freeman operates a scrap yard in Springfield, Mass.

“The improper handling of asbestos can result in health problems for the individuals exposed to the dangerous fibers,” says Attorney General Coakley. “We are committed to enforcing environmental laws to protect our air quality and will vigorously pursue those who endanger workers and the public by failing to control the release of dangerous asbestos fibers.”

The complaint filed against three companies alleged that they collectively failed to notify MassDEP as required by law before beginning to remove three asbestos-containing heat trapping ovens and improperly removed the ovens from GKN’s smelting facility in Worcester. The defendants then improperly disposed of the ovens in 2008 in Freedman’s scrap yard, according to the complaint filed May 2.

According to a release from the AG’s office, the defendants failed to use required containment methods to ensure that asbestos would not be released to the air, and illegally disposed of asbestos waste.  

Following an inspection by the MassDEP, Freedman was notified of the alleged violations and immediately hired a licensed asbestos contractor to perform the required clean up and decontamination of the scrap yard. As a result of MassDEP’s response, it is believed that the asbestos was properly contained and disposed of soon after it arrived at the scrap yard.

The settlement requires the trucking company and the scrap yard operators to undergo training in the identification of asbestos-containing material, and to adopt written policies for notifying MassDEP and hiring licensed asbestos contractors if such material is found to be present.  The defendants will also be subject to contempt proceedings if they perform additional illegal asbestos removal work in Massachusetts.