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Stratford businessman to pay fine

A Stratford businessman will pay the state more than $11,000 in clean up costs and penalties for defying state and federal bans on excavating heavily contaminated soil at his Stratford property, Attorney General Richard Blumenthal announced today.

Blumenthal reached the settlement with Joseph S. Marcell in cooperation with Department of Environmental Protection and the federal Environmental Protection Agency.

Stratford Self Storage, LLC, which is owned by Marcell’s mother, holds undeveloped commercial property at 340 East Main Street in Stratford, which is heavily contaminated with PCPs, lead and asbestos. The DEP and EPA ban any excavation within the area.

Marcell defied the ban in May 2009 by digging at the property. Blumenthal, in cooperation with DEP, obtained a court order halting the excavation.

Marcell is paying $8,705 to cover the cost of clean-up and a $2,500 civil penalty in increments over 22 months beginning March 1. The clean up took three days and was completed in May 2009.

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Blumenthal said Marcell gave conflicting reasons for the excavation, although it appeared to be for a foundation or retaining wall.

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