Massachusetts Woman Lobbying for Change in State’s Environmental Protection Laws
By Christy Burns
Published on November 13, 2006
Many years before she moved in, McMillan’s small video store in Ayer, Massachusetts was leased by two different dry-cleaning businesses. One day, a hazardous waste crew arrived unannounced at her shop, tested the grounds, and determined that the property was contaminated with perchloroephylene (PCE). Without any warning whatsoever, McMillan and her husband, Frederick, lost the life and livelihood they’d worked hard to build.
Under current Massachusetts environmental laws, the owners of a property have no obligation to notify tenants about any possible contamination unless it is declared an “imminent hazard." Unfortunately, such a problem can take several years to identify and classify, meanwhile putting unknown numbers of people at risk of exposure to dangerous chemicals.
The level of PCE discovered on the property where McMillan’s store was located is more than two million micrograms per cubic meter; the state Department of Environmental Protection’s regulation is just five micrograms per cubic meter. PCE is a toxic carcinogen known to cause severe damage to the liver, kidneys, brain, and nervous system. The owner of the property — LeMac Realty Trust — has repeatedly claimed it had no idea the land was contaminated.
After racking up more than $300,000 in medical bills, legal fees, and profit losses on their business, the McMillans have decided to fight back by lobbying for a change to the current environmental laws.
Joined in their fight by state Rep. James Eldridge, D-Acton, their bill would require landowners to fully disclose information of possible hazardous waste on the property to all interested renters, lessees, or buyers. Should landowners fail to disclose this information, they would be fined or even have criminal charges brought against them.
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