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Property Owner Charged with Asbestos Violations

A Pittsfield, Mass. property owner who has had a number of run-ins with city officials has now been charged with illegally removing asbestos.

According to an article in the Berkshire Eagle, Gerald F. Ely, 68, allegedly removed asbestos from an apartment building without notifying state regulators. The property owner has been charged with “two counts of an air pollution violation, one count of unlicensed removal of asbestos, and two counts of violating a workplace safety regulation.” Last week, he pleaded not guilty during his arraignment in Central Berkshire District Court. He faces a sentence of 1 year in prison and a fine of about $25,000.

Ely claims that city officials have “problems” with him and that the asbestos charges are “personal” and unfounded. However, the case was brought to the attention of the state Department of Environmental Protection after several inspections of the apartment building.

Crumbling asbestos insulation was first found in the basement of the building in March 2006 and Ely was ordered to have it removed. When the structure was re-inspected a year later, officials found remnants of asbestos that had been improperly removed as well as “significant quantities of asbestos debris” on the basement floor.

Ely claims he accidentally hired an unlicensed professional to do the job, who did not complete the work properly. He further claims that the remains are the fault of that contractor and that he tried to “do the right thing”. Ely admits, however, that he never asked the contractor for verification that he was licensed to remove asbestos.

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