Massachusetts building contractor fined for unauthorized dumping of C&D waste

The Massachusetts Department of Environmental Protection (MassDEP) has fined Pittsfield-based general contractor Diplacon Builders and its employee, Jose Saldana, for violating solid waste, asbestos, and wetlands regulations.

As reported by WWLP, MassDep first received a complaint in June 2020 about illegal dumping on Saldana’s residential property, which was within 100 feet of the Housatonic River. Several truckloads—amounting to 40 cubic yards of construction and demolition (C&D) debris—were dumped. Samples of the debris, which included wood, metal, and roofing materials, also indicated the presence of asbestos.

A unilateral order was issued to Saldana requiring him to remove all waste materials within seven days. However, he did not immediately comply with the timeline specified in the order, and removal was not completed until August 19, 2020.

MassDEP also determined that the waste was generated by a Diplacon Builders home roofing renovation project, and was transported and dumped at the property in question by employees at the direction of its president, Paul Saldana.

“The dumping of construction and demolition debris, particularly waste that contains asbestos, in close proximity to residences and a sensitive river is disturbing,” Michael Gorski, director of MassDEP’s Western Regional Office in Springfield, told WWLP. “MassDEP worked to ensure that the debris was cleaned up and the area restored. These settlements require payment of substantial penalties and emphasize the need for the involved parties to arrange for legal disposal of waste materials generated at construction sites.”

MassDEP has fined Jose Saldana $26,100, and he will pay $7,500, with the balance suspended pending compliance with the order. MassDEP also fined Diplacon Builders $8,125, and the company will pay $7,500, with the balance suspended pending Diplacon’s future compliance.