For Immediate Release
February 22, 2012
K. Allen Brooks, Senior Assistant Attorney General
New Hampshire Attorney General Michael A. Delaney reports that the Merrimack County Superior Court (McNamara, J.) imposed a fine of $18,000 against Walter Jensen and his company, Summer and Winter Construction, LLC, for the illegal disposal of asbestos in 2005 and 2006. Following a trial that took place in October and November of 2011, the Court ruled that the defendants, Mr. Jensen and Summer and Winter Construction, LLC, unlawfully performed asbestos removal projects at two residential construction sites in Concord, New Hampshire in 2005 and 2006.
Because of the known health risks related to human exposure to asbestos, the removal and disposal of asbestos are highly regulated. The Court found that Mr. Jensen knew about those regulations and knew that "the manner in which he removed and disposed of asbestos was illegal." At trial, Mr. Jensen testified that although removal may have not conformed to the rules, the material was properly disposed at the Turnkey Waste Management Facility in Rochester, N.H. ("Turnkey Facility"). However, based on the Turnkey's records and the testimony of its employee, the court found that Mr. Jenson failed to notify Turnkey employees that they were disposing of asbestos and characterized Jensen's conduct as "potentially injurious to public health."
The $18,000 penalty represents ten times the amount that the defendants received in revenue from these removal projects. A link to a copy of the Court's order is below.
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