Delaney settles asbestos-removal suit

Nick Rees Mar. 17, 2010, 2:49pm


CONCORD, N.H. (Legal Newsline) - A settlement has been approved between a New Hampshire man and the state to resolve allegations of violations of the state's asbestos management and control regulations.

Wednesday, New Hampshire Attorney General Michael Delaney announced the settlement, which will require Lee Jackson to pay a penalty of $18,500 for the alleged violations, with $5,000 of the settlement paid to the state.

The remaining $13,500 will be kept if he violates the settlement or state asbestos management and control regulations again within two years of the entry of the settlement agreement.

"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," Delaney said.

The Grafton County Superior Court approved the settlement, which had been brought in a lawsuit by Delaney and Thomas Burack, commissioner of the New Hampshire Department of Environmental Services.

The state's lawsuit alleged that Jackson did not conduct pre-demolition inspections for asbestos-containing materials prior to demolishing buildings in Bath, Whitefield and Hebron.

Jackson was also alleged to have failed to notify the Department of Environmental Services at least ten days prior to beginning the demolitions.

The purpose of New Hampshire's asbestos regulations is to aid in protecting workers and the public from inhaling airborne asbestos fibers, which can cause lung cancer, asbestosis and mesothelioma, Delaney said.

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