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January 26, 2009

AG Issues Fines For Holden Dumping

The Office of Attorney General Martha Coakley says it has reached a settlement, including a $120,000 fine, with the owners and operators of a contaminated Holden property.

Under the settlement, Edward Leahy, trustee of Durant Realty Trust and Stead Realty Trust, Audry Leahy, a trustee of the Stead Realty Trust, and Leahy Excavating Co. Inc. have agreed to pay to clean up the property and pay the penalty. Half of the fine will be suspended if the defendants complete the cleanup appropriately.

The complaint, filed in Suffolk Superior Court, alleged that in 1991 Edward Leahy and his hauling business, which is now Leahy Excavating, illegally dumped septic waste on the ground at a property that he and Audry Leahy owned. Tests showed high concentrations of chlorinated solvents at the location.

The AG's office said that the defendants conducted some cleanup activities but had repeatedly failed to assess the full extent of the contamination and were not responsive to the state Department of Environmental Protection's demands for additional assessment and cleanup activities.

A message left for Leahy Excavating was not immediately returned Monday morning.

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