Friday, June 8, 2012

Bay State AG: Boiler-Replacing Landlord Pinched For Improperly Removing Asbestos-Containing Pipe Insulation, Then Threatening Tenant To Stay Mum

From the Office of the Massachusetts Attorney General:

  • A property owner from Weston and a Plainville-based heating contractor have been arraigned in connection with the alleged improper removal of asbestos in a single-family rental property in Medway, Attorney General Martha Coakley announced [].

  • David Einis, age 58, and Nicholas Pasquantonio, age 41, were each arraigned on two counts of violating the Massachusetts Clean Air Act for failure to file a notice of asbestos removal with the Massachusetts Department of Environmental Protection (MassDEP) and failure to prevent asbestos emissions.

  • Nicholas Pasquantonio was also arraigned on charges of witness intimidation. Einis and Pasquantonio were arraigned [] in Norfolk Superior Court where each pleaded not guilty and were released on personal recognizance. Pasquantonio was released with the condition that he not have contact with the victim of the alleged witness intimidation.

  • Authorities allege the asbestos containing insulation was from heating pipes in an occupied Medway rental property owned by Einis, which was released when the boiler was being replaced by Pasquantonio.

  • According to authorities, in December 2010, Einis hired Pasquantonio of Johnny’s Oil Service, Inc., who is not a licensed asbestos contractor, to replace the boiler in the Medway property occupied by a family with several children.

  • Pasquantonio allegedly did not seal off the basement while he worked to replace the boiler. After being notified by the Medway Board of Health a few days later, MassDEP inspected the site and allegedly found the improper removal and release of asbestos.
  • Authorities also allege that when Pasquantonio became aware he might be charged criminally, he went to the property where the illegal asbestos removal had occurred and threatened one of the tenants not to testify against him.

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