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The Massachusetts Department of Environmental Protection fined a company for failing to remove asbestos according to state regulations.
Fitchburg Properties LLC faces a penalty of $35,625 for improper removal of asbestos from a decommissioned heating system. In September 2013, state environmental inspectors had found loose pieces of asbestos-based pipe insulation scattered throughout the facility and on the ground outside.
The company will have to pay $15,000 of the fine, with the balance suspended provided the company goes one year without other violations.
In addition to being fined, the company will be required to hire an asbestos-removal contractor certified by the state Department of Labor Standards to remove all remaining asbestos from the facility.
The property in question is an old manufacturing facility where tanks were once built during World War II. The first building on the property was built in 1902.
Asbestos Lung Cancer and Mesothelioma
Asbestos is a mineral that occurs naturally in the form of tiny fibers. It has particular physical properties that make it highly useful in dozens of industrial applications, particularly in construction. Since it is highly resistant to heat and decay, asbestos has been used as a fireproofing material, insulation, and as a decorative material.
However, the same properties that make asbestos a useful construction material also make it hazardous to human health. When asbestos is physically disturbed or broken, it can be released into the air in the form of microscopic fibers. If these airborne fibers are inhaled, they can lodge themselves in the tissue of a person’s respiratory tract and stay there for years.
From inside the body, asbestos can cause a number of different and deadly diseases, such as mesothelioma or lung cancer. These diseases take such a long time that they may not be diagnosed until anywhere from 10 to 40 years after asbestos exposure.
Removing Asbestos
While federal restrictions are well known to those who deal with asbestos, states often have their own regulations, and they can be more stringent than federal requirements.
Removal is not required in many situations. Generally, if there is asbestos in a building that is not threatening health and there is no specific legal requirement to remove it, it does not need to be removed.
However, property owners are required to maintain that asbestos so that it will not be released in visible or particulate form. And before doing any renovation or demolition that could disturb asbestos and cause it to be released, that asbestos must be removed.
Massachusetts asbestos regulations impose a duty on all property owners and operators, and also on contractors, to determine whether a proposed project will require asbestos abatement.
The methods of removal themselves are also strictly regulated. According to Massachusetts state regulations, asbestos-based materials must be removed wet and sealed in approved containers with adequate warning labeling.
During the removal, the affected area must be physically sealed off and kept clean using air filtration equipment. Failure to properly identify and remove asbestos can expose a property owner to significant fines and increased clean-up costs – not to mention the enormous liability that can result from an asbestos lawsuit.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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