• Ronald P. Anger and Ranger, Inc., Docket No. DEP-05-721 (DALA, 2008) pdf format of 			Ronald P. Anger and Ranger, Inc., Docket No....

    The Department of Environmental Protection issued a single $47,150.00 penalty to Ranger, Inc. and its president, Ronald P. Anger for violating 310 CMR 7.15, the asbestos regulations, while demolishing a building. Concludes that the definition of "owner/operator" in the Air Quality Regulations (310 CMR 7.00) does not negate the privilege against personal liability enjoyed by corporate officers for actions taken on behalf of their corporations. Finds that Anger is entitled to the privilege and vacates the penalty issued to him as an individual. Finds that Ranger, Inc. was required to notify DEP before beginning demolition and did not do so and therefore sustains the portion of the penalty based on failure to notify. Reduces the penalty amount from $19,575.00 to $16,312.50. Finds that DEP failed to prove that Ranger, Inc.'s demolition activities released asbestos into the ambient air and therefore vacates the $19,575.00 portion of the penalty based on causing a condition of air pollution. See 310 CMR 7.15(1)a. Finds that Ranger, Inc. did not remove asbestos-containing materials from the building and vacates the $5,000.00 portion of the penalty based on violations of the procedures for removing asbestos from a facility.