Press Release  MassDEP Assesses Nearly $115,000 Penalty to Worcester Contractor for Asbestos Violations During Renovation at Worcester Residential Property

BOSTON — The Massachusetts Department of Environmental Protection (MassDEP) assessed Jose Nilton dos Santos Filho (a/k/a Nilton Santos) of Worcester, a $114,969 penalty for violations of asbestos regulations that occurred during renovation work at a residential property in Worcester in the fall of 2021.

MassDEP personnel identified the violations while inspecting the work site in response to a complaint on Oct. 28, 2021. MassDEP determined that Mr. Santos failed to have a licensed asbestos inspector conduct a survey to identify potential asbestos-containing materials before beginning renovation work. Mr. Santos also failed to notify MassDEP of asbestos removal work.  MassDEP regulations require notification to MassDEP 10 working days before beginning any asbestos removal work, so the Department is aware of the work and can conduct compliance inspections. MassDEP also observed that Mr. Santos did not follow proper removal and handling procedures for asbestos-containing materials, including siding and mastic.

“Contractors doing renovation work need to be aware of the requirements to identify asbestos-containing materials and to ensure that those materials are safely removed before beginning any work. Contractors must follow all inspection requirements and work practices to protect workers and the public because asbestos is a known carcinogen,” said Mary Jude Pigsley, director of MassDEP’s Central Regional Office in Worcester. “In this case, violation of the asbestos regulations has resulted in significant penalties, as well as escalated cleanup and decontamination costs.”

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.

MassDEP’s mission is to protect and enhance the Commonwealth’s natural resources – air, water and land – to provide for the health, safety and welfare of all people, and to ensure a clean and safe environment for future generations. In carrying out this mission, MassDEP commits to address and advance environmental justice and equity for all people of the Commonwealth; to provide meaningful, inclusive opportunities for people to participate in agency decisions that affect their lives; and to ensure a diverse workforce that reflects the communities we serve.

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