Hazardous waste suit settled in Massachusetts

By Keith Loria | May 21, 2010


BOSTON (Legal Newsline) - Massachusetts Attorney General Martha Coakley announced Thursday that a Salem-based fuel provider has agreed to pay $50,000 for allegedly violating state environmental laws.

Clarke Brothers, Inc., was charged with violating the Commonwealth's hazardous waste and tank removal laws by illegally removing, transporting and disposing of waste oil contained in expired oil tanks from various locations in Essex County.

The company also was said to have provided inaccurate information to local fire personnel before removing the oil tanks and did not procure the proper permits to do so.

"Because of the health and environmental risks associated with waste oil, the law requires strict adherence to specific hazardous waste management methods when handling expired fuel tanks and their contents," Coakley said.

"We are pleased that the defendants have agreed to work with the state to ensure future compliance with environmental laws."

The complaint also charged Clarke Brothers with violating the Commonwealth's environmental laws by contracting with an unlicensed hazardous waste transporter to dispose of waste oil Clarke Brothers collected.

Under terms of the settlement, over the course of the next three years, Clarke Brothers must submit to and pay for bi-annual audits for environmental compliance by a reputable outside expert whose reports will be provided to MassDEP.

If the company continues removing tanks itself, the audits will increase to four times per year.

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