Press Release  MassDEP Issues $186,000 Penalty to Birch Properties, LLC for Asbestos Violations in Springfield

BOSTON — The Massachusetts Department of Environmental Protection (MassDEP) executed an Administrative Consent Order with a $186,005 penalty with Birch Properties, LLC, a Chicopee-based limited liability company, for violations of asbestos-related regulations during renovation activities at a Westford Avenue multi-family residence in a designated Environmental Justice neighborhood in Springfield.

Between December 2022 and May 2023, MassDEP identified numerous violations of the asbestos regulations, including asbestos-containing pipe insulation and cement siding fragments scattered about the property near neighboring residences. MassDEP issued a Unilateral Administrative Order requiring Birch Properties to clean up the property.

“Asbestos is a well-documented human carcinogen, and MassDEP’s regulations are in place to safeguard workers, the public, and the environment,” said Michael Gorski, Director of MassDEP’s Western Regional Office in Springfield. “Egregious violations of these regulations warrant substantial penalties. Compliance with asbestos regulations is not optional.”

The Consent Order requires Birch Properties to pay $101,005 of the assessed penalty and survey fifteen (15) of their properties, the majority of which are residential, for asbestos. It also requires them to perform necessary abatement of asbestos-containing materials that are found to be in poor condition. Birch Properties will also arrange asbestos hazard training for current employees within established time limits. MassDEP agreed to suspend the remainder of the penalty provided the company complies with the terms of the Consent Order.

Property owners or contractors with questions about asbestos-containing materials, notification requirements, proper removal, handling, packaging, storage and disposal procedures, or MassDEP 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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