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.
PABLO F. CARBONELL: Brian C. Levey, BBO #546486, Beveridge &
Diamond, PC, Wellesley, MA.
FINAL CONSENT JUDGMENT
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 "
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;
Carbonell is the " owner/operator" of the Property
within the meaning of the Asbestos Regulations;
Carbonell denies the Commonwealth's claims;
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;
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;
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:
JURISDICTION AND VENUE
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
Venue is appropriate in Suffolk County pursuant to G.L. c.
223, § 5.
Complaint alleges facts that, if proven, would constitute
good and sufficient grounds for the relief set forth in this
Consent Judgment; provided, ...