BOSTON — The Massachusetts Department of Environmental Protection (MassDEP) has assessed Christopher McNamara of Sterling, doing business as C & C Builders, a $69,860 penalty for violations of asbestos regulations that occurred during roofing work he conducted at a maintenance garage at the Sterling Municipal Light Department. MassDEP inspectors responding to a complaint of improper asbestos removal at the Sterling Municipal Light Department maintenance garage observed that asbestos-containing roofing materials had been improperly removed and placed dry into three unmarked open top roll-offs at the site. 

Among the violations were that Mr. McNamara did not have an asbestos survey conducted before starting work to identify potential asbestos-containing materials, and he failed to file a notification of the asbestos removal work with MassDEP. State regulations require notification to MassDEP 10 working days before beginning any asbestos removal work so that the agency is aware of the removal work and can conduct inspections to ensure compliance with the regulations. Additionally, Mr. McNamara did not follow the proper removal, handling, packaging, labeling procedures required by MassDEP’s regulations.  Under the terms of a consent order, Mr. McNamara will pay $17,465 of the penalty, with the balance suspended for one year if there are no further violations recorded.

“As a general contractor, Mr. McNamara should be very familiar with the need to conduct a survey for asbestos-containing materials before beginning work, and of the need to ensure that those materials are properly removed and handled by licensed personnel in accordance with the regulations,” said Mary Jude Pigsley, Director of MassDEP’s Central Regional Office in Worcester. “Asbestos is a known carcinogen, and by failing to follow required work practices, the company put workers and the public at risk, resulting in significant penalties, as well as escalated cleanup, decontamination and monitoring costs.”

Property owners or contractors with questions about asbestos-containing materials, notification requirements, proper removal, handling, packaging, storage and disposal procedures, or the asbestos regulations are encouraged to contact the appropriate MassDEP Regional Office for assistance.

MassDEP’s mission is to protect and enhance the Commonwealth’s natural resources – air, water and land – to provide for the health, safety and welfare of all people, and a clean and safe environment for future generations. In carrying out this mission, MassDEP commits to address and advance environmental justice and equity for all people of the Commonwealth, provide meaningful, inclusive opportunities for people to participate in agency decisions that affect 

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