FRANKLIN OFFICE PARK REALTY CORP. v. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION

SJC-11334

466 Mass. 454 (2013)

FRANKLIN OFFICE PARK REALTY CORP. v. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Supreme Judicial Court of Massachusetts, Worcester.

September 16, 2013.


Attorney(s) appearing for the Case

Louis M. Dundin , Assistant Attorney General, for the defendant.

Paul E. White for the plaintiff.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


DUFFLY, J.

The plaintiff, Franklin Office Park Realty Corp. (Franklin), challenges the assessment of a penalty in the amount of $18,225, imposed by the Department of Environmental Protection (DEP) for improper handling and disposal of roof shingles that contained asbestos. Franklin argues that, pursuant to G. L. c. 21A, § 16 (administrative penalties act), it was entitled to a notice of noncompliance and the opportunity to cure any violations before a penalty...

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