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Mesothelioma News

AG Sues Former Paper Plant Owner over Asbestos Violations

The AG’s Office has filed a suit against Mr. David Padellaro for alleged breaches of the state hazardous materials and asbestos regulations. Padellaro’s company Merrimack St. Redevelopment Authority also is a defendant in this case. The Lawrence-based company is no longer working.

The court has issued a provisional restraining order which prohibits Padellaro from carrying out additional work at the property, if it is not essential for the legal demolition of hazardous buildings which have been destroyed by fires. The Lawrence City has issued orders of demolition for a number of structures at the worksite.

The order halts every salvage and demolition jobs at the worksite, with the exemption of a permitted plan from the Massachusetts State Department of Environmental Protection to complete the demolition project at the buildings damaged by fire, accordingly with asbestos, hazardous materials, and waste cleanup laws, as the Lawrence City ordered.

In year 2010, Padellaro took over the S. Canal St. property situated along Merrimack River site. That property contained a number of structurally unsafe and asbestos-containing structures which have been continuously subject to vandalism and fire, a number of which are now in a risk of possible collapse. This site has been subject to a number of oil spills and releases of hazardous materials as well.

In spite of the issuance of 2 MassDEP administrative orders, Padellaro has kept on metal salvaging works over the past few months without implementing the legally-mandatory safety measures such as wetting the areas of the structure for preventing the emission of asbestos fibers, monitoring air at the time of such operations, adequately dispose of the asbestos debris at the worksite, etc.

According to the suit, Padellaro has allowed to store solid waste illegally at the site. The waste includes concrete, metal, brick and other waste. Additionally, he failed to give the MassDEP the required notice of metal salvaging as well as demolition activities on a number of occasions over the last 3 years, the suit states.

Padellaro also continuously failed to implement protective measures against asbestos emission, such as sealing off work area for preventing exposure to asbestos fibres because of his activities. So far, the MassDEP has incurred in excess of $86000 in costs (for contract and supervision) at the property.

The lawsuit is asking for civil fines, in addition to the costs incurred for the containment, assessment, and cleaning up of dangerous materials at the worksite.