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I have dedicated my law practice for the last 25 years to the wrongfully injured and their families. The purpose of this blog is not to provide legal advice. If you need legal help you can contact me at cplacitella@cprlaw.com or visit our website at www.cprlaw.com. Thank You

Friday, January 20, 2006

LAWRENCE MAN PLEADS GUILTY TO VIOLATING MASSACHUSETTS CLEAN AIR ACT

BOSTON – A Lawrence man has pleaded guilty to violating the Massachusetts Clean Air Act, Attorney General Tom Reilly and Department of Environmental Protection (MassDEP) Commissioner Robert W. Golledge Jr. announced today.
Michael Theriault, 47, pleaded guilty to three counts of violating the Massachusetts Clean Air Act. Salem Superior Court Judge Thomas Billings sentenced him to two years in the House of Correction, suspended for two years to be followed by two years of supervised probation. As a condition of his probation, Theriault was also ordered to perform 200 hours of community service and is prohibited from working in the asbestos abatement business.
This case came to light when during the early morning hours of February 3, 2004, an employee of Contract Assembly Inc. discovered approximately 40-50 black garbage bags dumped behind the company's building at 90 Glenn Street in Lawrence. Inspection of the bags revealed that they contained dry asbestos pipe insulation.
Members of the Environmental Crimes Strike Force conducted an investigation into the origin of the bags. Trash found with the asbestos led them to a company located in a converted mill at 468 Canal Street Lawrence. An employee of that company informed the investigators that he knew the name of the individual who had been removing asbestos from the basement of 468 Canal Street. He provided the name of Michael Theriault, a former employee of the company.
Tenants of the Canal Street building indicated that they had observed Theriault removing asbestos dry, without containment, respirators or protective equipment. They expressed concern over the fact that their work areas had been covered in dust and debris during and after the removal. Tenants had observed Theriault totally covered in white dust while he was removing the asbestos. Samples collected by the DEP from the mill and the dumpsite indicated that the insulation was over 40% asbestos.
According to the U.S. Environmental Protection Agency, a large number of occupational studies have reported that exposure to asbestos via inhalation can cause lung cancer and mesothelioma. The removal of asbestos is governed by a set of strict regulations promulgated by the DEP to prevent the release of asbestos fibers into the air.
Assistant Attorney General Douglas Rice of AG Reilly's Criminal Bureau prosecuted this case. Karen Golden-Smith and John MacAuley of the MassDEP and Environmental Police Officers assigned to the Attorney General's Office investigated this case for the Environmental Crimes Strike Force. The Massachusetts Environmental Crimes Strike Force is an interagency enforcement team overseen by AG Reilly and Environmental Affairs Secretary Stephen Pritchard. It was formed to identify, investigate and prosecute environmental crimes.

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