Commonwealth v. Homart Development Co.

INTRODUCTION

The present action arises out of the dumping of construction debris containing vinyl asbestos tile at *518Ternberry Estates, a residential development in Shrewsbury, in violation of the Solid Waste Disposal Act. Homart Development Corporation, which generated the debris in the course of demolishing and redeveloping the Natick Mall, entered into a Consent Judgment with the Commonwealth and paid a $200,000 civil penalty. Homart now seeks indemnification and/or contribution in that amount plus the amount expended to clean up the property, as well as damages for an alleged violation of…