AG files suit vs. owner of contaminated Danvers site

DANVERS ? The state attorney general’s office has filed suit against the owner of an abandoned Danvers tannnery who refuses to clean up arsenic and cancer-causing dioxins in the soil or post the land to warn trespassers of the public health risk.The lawsuit, filed Thursday in Suffolk Superior Court, alleges that Nicholas J. Decoulos violated state hazardous waste law by refusing to environmentally cleanse soil and sediment that contain high levels of dangerous chemicals.The complaint further alleges that Decoulos has violated the law by failing to secure the most dangerous sections of the site and by failing to post signs warning about the hazards at the property.”The uncontrolled hazardous waste releases at Mr. Decoulos’ property not only present a danger to the environment, but also pose a significant risk to public health,” said Attorney General Martha Coakley. “It’s the responsibility of any property owner to take the steps necessary to protect the public and to clean up hazardous waste on their property.”The property at 25 Clinton Ave. was formerly the site of the Creese and Cook Tannery and is located along the Crane River in Danvers. According to the complaint, current conditions pose an imminent hazard due to the presence of contaminated surface soils in the former landfills, and in a former lagoon and upland fill pile along with contaminated sediment in the Crane River located directly adjacent to the site.”The failure of Mr. Decoulos to take appropriate steps to clean up this contaminated site is irresponsible and his failure to secure his property creates an unacceptable risk to nearby residents and the public,” said Laurie Burt, commissioner of the state Department of Environmental Protection (DEP), adding that the court complaint became necessary after Decoulos refused to allow DEP inspectors access to the site in order to address the unsafe conditions.The imminent hazard areas were identified by contractors hired by the site’s owner. Despite reports of individuals accessing this site for recreational and other purposes, the complaint alleges Decoulos has refused to repair fencing and post warning signs around the imminent hazard areas to prevent human exposure to contamination on the 10 acres.Decoulos has also refused to enter into an access agreement with DEP to allow its contractors to complete this work, according to an affidavit filed with the complaint.In 2004, Decoulos directed the demolition of a former tannery building at the property, causing a release of asbestos-laden material into the air, in violation of the Massachusetts Clean Air Act. The demolition debris remains on the property and has not been remediated as required by state hazardous waste law, according to Jill Butterworth, a Coakley spokeswoman.The property was used for tannery activities from the early 1930s until 1984. Developers planned to build 59 homes on the site.A hearing on the preliminary injunction request has been scheduled for June 22.