For Immediate Release - February 05, 2016

Malden Company to Pay Up to $72,000 Over Claims of Illegal Dumping of Construction Waste at Methuen Site

Mattuchio Construction Co. to Help Fund Evaluation and Cleanup at the Battye Site

BOSTON — A Malden-based excavation and construction firm will pay as much as $72,000 to settle allegations that it contracted for the illegal dumping of construction and demolition waste at an unpermitted site in Methuen, Attorney General Maura Healey announced today.

According to the complaint, filed today along with the consent judgment in Suffolk Superior Court, Mattuchio Construction Co., Inc. allegedly violated the state’s solid waste management laws by disposing of concrete and other construction and demolition waste debris between February and August 2008 at an unlawful dump in Methuen.

“We allege that this company violated state regulations that prohibit waste dumping at unauthorized disposal sites,” said AG Healey. “Our office will vigorously enforce laws that protect public health, safety and the environment in Massachusetts. This settlement will help pay for the evaluation and much-needed cleanup of this illegal dumping ground in Methuen.”

According to the complaint, Thomas J. Battye, Sr. owned the site on Old Ferry Road in Methuen where Mattuchio contracted for the illegal disposal of 57 loads of construction and demolition waste. Battye, who passed away in November 2015, never applied for or received the site assignment from the Methuen Board of Health needed to operate a solid waste facility there, and did not receive the necessary solid waste management facility permit from the Massachusetts Department of Environmental Protection (MassDEP).

“The disposal of solid waste materials must be done properly and at facilities that are approved or permitted to accept those materials,” said MassDEP Commissioner Martin Suuberg. “Illegal dumping of solid waste undermines the laws that have been put in place to protect residents and the environment in the Commonwealth, and companies that violate those protections, and the individuals involved will be held accountable.”

According to the complaint, inspections by MassDEP in 2008 revealed vast amounts of solid waste material had been dumped at the site. The inspections revealed the unlawful fill pile contained large amounts of construction and demolition debris, including concrete and asphalt.

The consent judgment requires that Mattuchio pay $72,000 over two and a half years, including paying a $5,000 civil penalty and paying the remaining $67,000 into a special fund established by the state to help with the cost of site evaluation and subsequent cleanup work at the Battye site. If Mattuchio fully complies with all of the state’s solid waste laws during the 30-month payment period and makes all other payments under the consent judgment, the final $7,000 installment payment due for the cleanup fund will be waived.

Battye was the subject of a separate action brought by the Commonwealth related to solid waste violations at the Methuen site.  In December 2013, Dynamic Waste Systems, Inc. agreed to pay more than $93,000 to settle claims that it illegally dumped multiple loads of construction and demolition waste at the site. Last year, W. L. French Excavating Corp. paid $62,500 and Stockbridge Corporation agreed to pay up to $50,000 to the state to settle similar claims.  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 Healey’s Environmental Protection Division handled the case, with assistance from MassDEP Environmental Analysts Mark Fairbrother, John MacAuley, and Elizabeth Sabounjian, and MassDEP attorney Colleen McConnell, all from MassDEP’s Northeast Regional Office.