Waste and wetlands violations were found at 143 Lynnfield St. during an investigation by the city and state. The owners of the property are now being sued by the state for alleged violations at their Wakefield site.
PEABODY — A Wakefield-based oil tank removal and installation company that owns a contaminated former factory site on Lynnfield Street is being sued by the state Attorney General’s office.
The complaint, filed in Suffolk Superior Court Friday, alleges that Commonwealth Tank, Inc. and its president, Kevin Hoag, illegally generated and stored hazardous waste and discharged pollutants into an unpermitted well at its Wakefield facility. The complaint also alleges that the company conducted illegal asbestos removal work at an occupied building in Boston.
The suit does not allege any wrongdoing at 143 Lynnfield St. which is owned by Kevin Hoag/143 Lynnfield St., LLC. State and local officials are enforcing a cleanup order for asbestos, oil tanks, and assorted debris piles at the former L. Fine factory property.
“Hazardous waste and asbestos are strictly regulated because they pose a significant risk to the public and the environment,” stated Attorney General Maura Healey in a press release. “Given that this company is in the business of handling hazardous waste, the alleged violations are especially egregious. We will vigorously prosecute those companies that ignore environmental laws put in place to protect the health and safety of our communities.”
The cleanup of contaminated property at 143 Lynnfield St. has been an issue for several years, and efforts have recently been moving in the right direction, according to Ward 1 Councilor Jon Turco.
“MassDEP has approved the asbestos removal plan for CommTank inside and outside the building,” said the councilor. The asbestos removal and the removal of piles of debris outside the 96,000-square-foot former mill building is slated to be completed by Sept. 1, he said.
As Hoag and CommTank work to complete the cleanup, they have also put the building and 12-acre property up for sale with an asking price of just over $3 million.
A real estate ad for the property boasts that the mill building could be converted into 120 housing units.
Although Turco said he’s glad to see the clean up moving ahead, he’s less than pleased with the inquiries he’s gotten from developers who want to create numerous residential units on the property.
“We are already inundated with housing in Ward 1,” he said. “I’m inclined to have them stick it out for business development.”
While the attorney general’s lawsuit does not target 143 Lynnfield Street, Turco said Hoag and CommTank being tied up with the legal action will likely “not be helpful” when it comes to addressing issues in Peabody.
The attorney general’s seeking civil penalties and a permanent injunction requiring the defendants to comply with applicable environmental laws.
