Pittsfield homeowner and building contractor fined for violations

Massachusetts News

BOSTON (WWLP) – The Massachusetts Department of Environmental Protection (MassDEP) fined Pittsfield-based general contractor Diplacon Builders and its employee, Jose Saldana. The state says they violated of solid waste, asbestos, and wetlands regulations by dumping at Saldana’s residential property on Taylor Street.

In June 2020, MassDEP received a complaint from a citizen through the Berkshire Environmental Action Team about dumping on the property within 100 feet of the Housatonic River. Several truckloads—amounting to 40 cubic yards of construction and demolition debris—were dumped. Sampled of the debris—which included wood, metal, and roofing materials—indicated the presence of asbestos.

At the time, a unilateral order issued to Saldana required removing 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,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield. “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 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. Suspension of a portion of the penalties is subject to both parties fully complying with MassDEP’s regulations and consent order conditions.  

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