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Fisheries and Wildlife Agency To Pay $50K, Revamp Environmental Policies To Resolve Asbestos Demolition Violations
Boston -- The state Division of Fisheries and Wildlife (DFW) has agreed to pay $50,000 and revamp its environmental policies to resolve allegations stemming from the 2001 demolition of two buildings on state land containing asbestos, Attorney General Tom Reilly announced today.
The complaint and settlement documents, filed today in Suffolk Superior Court, allege that the state agency violated state asbestos and solid waste regulations in June 2001 when two agency workers bulldozed two dilapidated buildings and then buried the debris at the High Ridge Wildlife Management Area in Westminster, a state-run facility.
"I am pleased the DFW has agreed to develop and implement systems with a greater focus on environmental protection," AG Reilly said. "This settlement will ensure that the agency makes efforts to reduce pollution, as well as other impacts on our environment, resulting from its day-to-day operations."
Today's legal action illustrates AG Reilly's commitment to the Clean State Initiative, instituted in 1993 by the Offices of the Attorney General and Governor to bring state agencies into compliance with environmental laws. In a 2002 report on the progress of Clean State, AG Reilly cited the demolition at High Ridge as evidence that state agencies were not fully embracing the initiative. At the time, AG Reilly urged then-Acting Gov. Jane Swift and the Legislature to require all agencies to develop environmental management systems. Shortly after, Gov. Swift signed an executive order directing most of the larger state agencies to begin planning the systems.
The demolished buildings, at the former site of the Gardner State Hospital, contained asbestos in the form of pipe insulation, tiles, and shingles, according to the complaint. The agency allegedly violated state air pollution laws, which require enclosed work areas when asbestos is involved and wetting and handling of asbestos containing materials to prevent asbestos dust from escaping into the air.
Asbestos is a fibrous mineral widely used in construction prior to 1978 for insulation and other applications. Asbestos fibers are virtually indestructible, and when inhaled, remain indefinitely in the lungs. The major health effects attributable to asbestos exposure are asbestosis, a chronic and debilitating lung disease, and various types of cancer including lung cancer and mesothelioma.
At the time of the incident, regulators concluded that, because of the remote location, the demolition of the two buildings likely did not create a threat to area residents. Once the action came to light, DFW excavated the debris under the supervision of the Department of Environmental Protection (DEP) and disposed of it at a licensed facility.
As part of the settlement, DFW has agreed to develop new policies and procedures to ensure that environmental compliance and sound environmental management practices become fully integrated into agency decision-making. The agency, according to the settlement, has two years to develop the new environmental management system. If the agency meets the two-year deadline, $25,000 of the $50,000 civil penalty outlined in court filings will be waived.
In summer 2000, DFW took control of the hunter safety program at High Ridge and various buildings on the site, most of which were severely dilapidated from vandalism or years of abandonment. At the time of the demolition, DFW employees in charge of the hunter safety program considered the two buildings to be a public hazard.
Assistant Attorney General William L. Pardee of AG Reilly's Environmental Protection Division handled this matter with DEP investigators Greg Levins and Donald Heeley and DEP Attorney Mary Jude Pigsley.
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