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Commonwealth v. Gigs, LLC

Superior Court of Massachusetts, Suffolk

June 6, 2016

COMMONWEALTH OF MASSACHUSETTS, Plaintiff,
v.
GIGS, LLC, Defendant

          FOR THE COMMONWEALTH OF MASSACHUSETTS, MAURA HEALEY, ATTORNEY GENERAL: L. Andrew Goldberg, BBO# 560843, Assistant Attorney General, Environmental Protection Division, Boston, Massachusetts.

          FOR GIGS, LLC: Patrick E. Donovan, Esq, BBO# 556758, Law Office of Patrick E. Donovan, PLLC, Salem, New Hampshire.

          CONSENT JUDGMENT

         WHEREAS, the defendant Gigs, LLC (" Gigs") is a foreign limited liability company registered with the Secretary of the Commonwealth, with a principal place of business at 26 Haverhill Road, Windham, New Hampshire;

         WHEREAS, Gigs is the surviving limited liability company after merging with Gigs LLC, a Massachusetts limited liability company, in 2009, and at relevant times Gigs and Gigs LLC operated general contracting and hauling businesses that contracted for and performed hauling and other work in Massachusetts and New Hampshire;

         WHEREAS, the plaintiff the Commonwealth of Massachusetts (the " Commonwealth") filed a Complaint in this Court on April 2, 2015, alleging that Gigs LLC, prior to its merger with Gigs, violated Massachusetts solid waste disposal laws by contracting for the disposal, and disposing, of multiple loads of construction and demolition waste, as that term was and is defined at 310 C.M.R. 19.006 and 310 C.M.R. 16.02, at a site located at 51 Old Ferry Road in Methuen, Massachusetts, owned by the late Thomas J. Battye, Sr. (the " Battye Site") in 2007 and 2008, for which violations Gigs is liable;

         WHEREAS, the Battye Site has neither received a solid waste facility site assignment from the Methuen Board of Health nor been permitted as a solid waste management facility by the Massachusetts Department of Environmental Protection (" MassDEP");

         WHEREAS, in accordance with the authority granted by G.L. c. 6A, § 6 and G.L. c. 7, § 4F, and the provisions of 801 C.M.R. 50.00, et seq., the Secretary of the Massachusetts Executive Office of Energy and Environmental Affairs has established a Declaration of Trust creating the 51 Old Ferry Road Expendable Trust (the " Expendable Trust") for the purpose of accepting funds on behalf of the Commonwealth in furtherance of actions to be undertaken by MassDEP or its contractors at the Battye Site, including, without limitation: actions related to the investigation and assessment of the Battye Site; the delineation of the extent and characteristics of solid waste or other materials stored or disposed of at the Battye; the removal, treatment, and/or stabilization of waste or other materials stored or disposed of at the Battye Site; the proper closure of disposal areas on the Battye Site; the maintenance and monitoring of any remedial or closure actions implemented at the Battye Site; and any other actions necessary to bring the Battye Site into compliance with the Massachusetts Solid Waste Management Act and regulations and any other applicable environmental or public health or safety laws of the Commonwealth. The Expendable Trust also has the purpose of being a source of funds for reimbursing and/or paying the Commonwealth or MassDEP any such costs incurred by MassDEP at the Battye Site;

         WHEREAS, Gigs was served with a copy of the Summons and Complaint in this action on April 16, 2015, and not having answered or moved, this Court thereafter issued an Order of Default under Standing Order 1-88, dated August 24, 2015;

         WHEREAS, the Commonwealth and Gigs (together, the " Parties") have reached an agreement to resolve the Commonwealth's claims against Gigs, and the Parties consent to entry of this Consent Judgment without a trial of any issues and agree that entry of this Consent Judgment is an appropriate way to resolve this dispute;

         WHEREAS, the Parties agree that settlement of this matter has been negotiated in good faith and at arm's length, that entry of this Consent Judgment will avoid further litigation between the Parties, and that this Consent Judgment is in the public interest and is consistent with the goals of the Massachusetts Solid Waste Management Act, G.L. c. 111, § 150A;

         WHEREAS, Gigs enters into this Consent Judgment without admitting the allegations set forth herein or in the Complaint, except as to personal jurisdiction, which Gigs hereby admits, and Gigs agrees not to contest any of the facts and allegations herein and in the Complaint for purposes of the entry or enforcement of this Consent Judgment;

         WHEREAS, this matter came before the Court on the joint motion of the Parties for entry of this Consent Judgment, and after due consideration thereof, NOW, THEREFORE, it is hereby ORDERED, ADJUDGED and DECREED, as follows:

         1. The Superior Court has jurisdiction over the subject matter of this action and over the Parties thereto pursuant to G.L. c. 111, § 150A, and G.L. c. 214, § 1. Venue lies in Suffolk Superior Court pursuant to G.L. c. 223, § 5.

         2. The Complaint alleges facts that, if proven, would constitute good and sufficient grounds for the relief ...


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