For Immediate Release - December 12, 2013

Company to Pay More Than $93,000 Over Claims of Illegal Dumping of Construction Waste at Methuen Site

BOSTON — A waste hauling firm based in Essex will pay more than $93,000 to settle claims that it illegally dumped multiple loads of construction and demolition waste at an unpermitted site in Methuen, Attorney General Martha Coakley announced today.

According to the complaint, entered Wednesday along with the consent judgment in Suffolk Superior Court, Dynamic Waste Systems, Inc. violated the state’s solid waste disposal laws by dumping more than 115 loads of construction and demolition waste, including concrete, brick, and stone, at the site over a period of 70 days.

“We will vigorously pursue those who fail to follow the Commonwealth’s solid waste laws and regulatory requirements,” AG Coakley said. “This settlement sends a strong message that haulers who improperly dispose of waste will be forced to clean up illegal dumping grounds.”

According to the complaint, Thomas Battye, the owner of the Methuen site, never applied for or received an assignment to operate a solid waste facility from the Methuen Board of Health or a solid waste management facility permit from the Massachusetts Department of Environmental Protection (MassDEP).

“Illegal dumping of solid waste undermines the protection of the Commonwealth’s natural resources, and it won’t be tolerated,” said MassDEP Commissioner Kenneth Kimmell. “Disposal of materials must be done at properly approved or permitted facilities without exception.”  

The consent judgment requires that Dynamic Waste Systems pay a total of $90,000 into a special fund established by the Commonwealth to help with the cost of site evaluation and subsequent cleanup work at the Battye site. Under the judgment, Dynamic will also pay a $3,750 civil penalty.

Battye is the subject of a separate, pending action brought by the Commonwealth related to solid waste violations at the Methuen site. The AG’s Office is also pursuing claims against additional waste haulers and demolition contractors who dumped or contracted for solid waste disposal at the Battye site.   

Assistant Attorney General Matthew Ireland of AG Coakley’s Environmental Protection Division handled the case, with assistance from MassDEP Environmental Analysts Mark Fairbrother, John MacAuley and Karen Goldensmith, and MassDEP attorneys Jeanne Argento and Colleen McConnell, all from MassDEP’s Northeast Regional Office.

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