For Immediate Release - August 26, 2010

Weymouth Company and its President Ordered to Pay $216,000 Penalty

BOSTON - A Weymouth company and its president have been ordered by a judge to pay a $216,000 penalty to the Commonwealth for failing to pay civil administrative penalties assessed by the Department of Environmental Protection (MassDEP) in 2004, Attorney General Martha Coakley and DEP Commissioner Laurie Burt announced today.

Under the terms of a Final Judgment entered by Judge Carol Ball last week, George Clements, individually and as Trustee of the PBJ Trust, and C&O Enterprises, which does business as North American Environmental Services, Inc., have 60 days to pay a $216,000 penalty for previously failing to pay a properly assessed $108,000 civil administrative penalty. The judgment is the result of a lawsuit filed in March 2009 by AG Coakley's Office on behalf of the MassDEP.

"The defendants blatantly disregarded environmental laws and the DEP for over six years," said Attorney General Coakley. "We are pleased that the court recognized that this type of behavior warrants a substantial addition to the original penalty."

"The failure by Mr. Clements and his companies to act responsibly in the initial cleanup of asbestos waste jeopardized public health and safety," said MassDEP Commissioner Burt. "This failure was compounded by a continued lack of cooperation, which resulted in the court now affirming a doubling of the original environmental penalties."

In a complaint filed in March 2009 in Suffolk Superior Court, the Attorney General's Office alleged that the defendants failed to pay a properly assessed penalty for abandoning asbestos-containing waste material at a Middleboro property and hazardous waste at a property in Wareham. The complaint further alleged that the defendants exhibited bad faith and refused to accept responsibility for either the proper disposal of the hazardous materials or the costs incurred for the proper disposal of the hazardous materials.

The asbestos-containing materials and hazardous waste have since been cleaned up from the two properties.

Assistant Attorney General Betsy Harper of Attorney General Coakley's Environmental Protection Division handled the case. Steve Spencer, Tim Dame, Geri Lambert, and Pamela Talbot of the Department of Environmental Strike Force worked on the matter for the Department.

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