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NH Defendant Agrees To $18,500 Fine For Alleged Violations Of Asbestos Management And Control Regulations

17 Mar, 2010 WorkersCompensation.com

                               Concord, NH (CompNewsNetwork) - Attorney General Michael A. Delaney and Commissioner Thomas S. Burack, of the New Hampshire Department of Environmental Services (“DES”), announce that the Grafton County Superior Court (Bornstein, J.) approved a settlement between the State and the defendant, Lee Jackson (“Defendant”), to resolve violations of the State's asbestos management and control regulations. The settlement imposes a $18,500 penalty on the Defendant, $5,000 of which will be paid to the State and $13,500 of which will be permanently suspended if the Defendant does not violate the settlement or State asbestos management and control regulations again within two years of the entry of the settlement agreement.

In its lawsuit, the State alleged that the Defendant violated the Asbestos Management and Control Act (RSA Chapter 141-E) and State asbestos regulations by demolishing buildings in Bath, Whitefield, and Hebron without conducting pre-demolition inspections for asbestos-containing materials (ACM), and without notifying the Department of Environmental Services at least ten days prior to beginning the demolitions.

New Hampshire's asbestos regulations help protect workers and the public from inhaling airborne asbestos fibers. Breathing asbestos fibers can cause lung cancer, asbestosis, and mesothelioma, a cancer of the lining of the chest and the abdominal cavity.

“Asbestos containing material still exists in many homes and other structures throughout the State,” said Commissioner Burack. “The law requires that prior to renovating or demolishing a building, the owner have the building inspected by a trained asbestos inspector.”

“Contractors are required to comply with the asbestos management and control regulations.  Those who ignore the inspection and notification requirements, such as Mr. Jackson, should be fined,” said Attorney General Delaney.

Copies of the settlement agreement are available upon request.

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