Joel S. Loitherstein of Marlborough will lose his hazardous cleanup license and not be able to reapply until 2015 following a ruling by the Massachusetts Board of Registration of Hazardous Waste Site Cleanup Professionals (Board).
The decision was made in response to the board's finding of a pattern of substandard assessment and cleanup of contaminated properties in Natick, Newton, Brighton, Hudson, Hanson, Holliston and Dorchester. A license revocation is the most stringent disciplinary penalty the LSP Board can impose.
The Board concluded that Loitherstein, who was a Licensed Site Professional (LSP), repeatedly omitted from his required reports to the state available information about contamination at his clients’ sites, and repeatedly disregarded applicable cleanup standards.
“LSPs face severe disciplinary action if they do not present material facts about their clients’ sites or if they disregard cleanup standards when they certify that a site no longer presents a significant risk to human health or the environment," said Kirk Franklin, co-chairman of the Board’s Professional Conduct Committee. "By issuing this disciplinary order, the board is protecting the public and the environment and upholding the board’s standards of professional conduct.”
LSPs are licensed by the board to oversee the assessment and cleanup of Massachusetts property contaminated with oil, gasoline, or other hazardous materials. Property owners and others who are legally responsible for the contamination hire LSPs.
The board detailed seven sites where Loitherstein allegedly stated in some cases that the cleanup was not his client's responsibility or did not fully complete cleanup. In some cases, these filings with the state left the sites without a party responsible for the cleanup, according to information from the board.
Superior Court Associate Justice Frances McIntyre upheld the Board’s decision as to all seven sites, according to information from the board. Loitherstein did not appeal the judgment.
Additional information about the Board, a list of LSPs, and other information about the state’s cleanup program for hazardous waste sites can be found at the Board’s website.