Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Commonwealth v. Carbonell

Superior Court of Massachusetts, Suffolk

April 20, 2016

COMMONWEALTH OF MASSACHUSETTS, Plaintiff,
v.
PABLO F. CARBONELL, Defendant

          For COMMONWEALTH OF MASSACHUSETTS: Nancy E. Harper, BBO #547071, Deputy Division Chief. Meghan T. Davoren, BBO # 685441, Assistant Attorneys General, Environmental Protection Division, MAURA HEALEY, ATTORNEY GENERAL, Boston, MA.

          For PABLO F. CARBONELL: Brian C. Levey, BBO #546486, Beveridge & Diamond, PC, Wellesley, MA.

          FINAL CONSENT JUDGMENT

         INTRODUCTION

         WHEREAS, the Plaintiff, the Commonwealth of Massachusetts (" the Commonwealth"), acting by and through the Attorney General and the Massachusetts Department of Environmental Protection (" MassDEP"), has filed a Complaint alleging that the Defendant, Pablo F. Carbonell (" Carbonell"), violated the Massachusetts Clean Air Act, G.L. c. 111, § § 142A-O, and its implementing regulations, 310 C.M.R. § § 7.00 et seq. (" Asbestos Regulations"), by improperly removing transite asbestos shingles at a residential property located at 39 East Main Street, Ayer, Massachusetts (the " Property");

         WHEREAS, the Commonwealth alleges that Carbonell removed asbestos-containing material at the Property without providing notice to MassDEP and without utilizing the proper handling, storage, labeling, and disposal procedures required by the Asbestos Regulations, thereby putting the health and safety of the public at risk;

         WHEREAS, Carbonell is the " owner/operator" of the Property within the meaning of the Asbestos Regulations;

         WHEREAS, Carbonell denies the Commonwealth's claims;

         WHEREAS, the Commonwealth and Carbonell (collectively, the " Parties") have reached an agreement to resolve the Commonwealth's claims against Carbonell without his admission of wrongdoing or liability for any of the allegations in the Complaint;

         WHEREAS, the Commonwealth and Carbonell agree that the settlement of this matter has been negotiated in good faith and at arm's length; that implementation of this Final Judgment by Consent (" Consent Judgment") will avoid prolonged and complicated litigation between the Parties; that this Consent Judgment is in the public interest; and that entry of this Consent Judgment is an appropriate way to resolve this dispute;

         NOW THEREFORE, this matter comes before the Court on the Joint Motion of the Parties for Entry of this Final Consent Judgment. Without the adjudication of any issue of fact or law except as provided in Section I (Jurisdiction and Venue), it is hereby ORDERED and ADJUDGED, as follows:

         I. JURISDICTION AND VENUE

         1. The Superior Court has jurisdiction over the subject matter of this action and over the Parties pursuant to G.L. c. 111, § § 142A and 142B and G.L. c. 214, § § 1 and 3.

         2. Venue is appropriate in Suffolk County pursuant to G.L. c. 223, § 5.

         3. The Complaint alleges facts that, if proven, would constitute good and sufficient grounds for the relief set forth in this Consent Judgment; provided, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.