MassDEP Penalizes Naggar Realty Corporation $18,050 for
Asbestos Violations at Cambridge Commercial Site

The Massachusetts Department of Environmental Protection (MassDEP) has penalized Naggar Realty LLC $18,050 for asbestos violations observed during an inspection of property it owns at 563 Massachusetts Avenue in Cambridge.

During the initial inspection on Nov. 21, 2007, MassDEP found scattered pieces of asbestos-containing floor tiles on the first floor of the commercial property where renovations were taking place. Asbestos-containing debris was also improperly disposed of in an open roll-off container outside. The actions of failing to notify MassDEP prior to asbestos abatement, and the improper removal and disposal of the asbestos-containing material represent violations subject to penalties.

"Asbestos materials can be found in many places, particularly older buildings, and it presents a hazard to public health if it is improperly removed," said Richard Chalpin, director of MassDEP's Northeast Regional Office in Wilmington. "In order to protect the public, MassDEP works to make sure notification is done prior to beginning work so that asbestos fibers are not released into the air where they pose a hazard to those nearby."

Naggar Realty appealed MassDEPs original $18,050 penalty on February 19, 2009. On September 14, 2009, MassDEP Commissioner Laurie Burt issued a final decision in which Naggar agreed in a consent order with MassDEP to resolve the case and pay $7,500 of the penalty. The remaining $10,550 will be suspended for one year pending compliance with applicable regulations.

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.

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