Company Assisting State Debris Removal Contractor Removed from Project

A West Suffield-based subcontractor has been terminated from involvement in a state debris removal project after one of its trucks was operating with several deficiencies in early February.

Representatives of AshBritt, Inc. said the company immediately pulled BRD, LLC, off its state debris management project after learning that Avon police cited the subcontractor for several truck deficiencies including operating with faulty brakes, a rotting cross-member and airbag problems on Feb. 3.

"We were alerted of the issue the day it happened and on that day notified state officials," Jared Moskowitz, a spokesperson for Florida-based AshBritt, the company the state of Connecticut contracted to do debris management services.

Lt. Kelly Walsh, spokesperson for the , said the discovery came after the 1986 Mack dump truck was stopped on Simsbury Road. The truck not only had three faulty brakes, a rotting cross-member on the truck's undercarriage, a compromised airbag suspension system and a leaking airbag, but was also operating with a Maine license plate registered to a different truck, Walsh said.

AshBritt has had a contract with the state for debris management since 2008, which lasts until June 30, 2014, according to the state contracting portal. The company hired some local subcontractors, including BRD LLC to "serve the client," the state of Connecticut, with a "speedy cleanup" following the October 2011 snowstorm, Moskowitz said.

AshBritt submitted a partial list of 128 available subcontractors to the state. The companies "have a long positive working relationship with AshBritt, Inc.," ready to "mobilize upon our notification," according to AshBritt's Disaster Response and Recover Divisions list of subcontractors.

“We ran a competitive selection for debris removal that resulted in AshBritt being selected for a state contract. We request a list of proposed subs only to assess the contractor’s ability to carry out the contract,” Jeffrey Beckham, staff counsel and director of communications for the Department of Administrative Services, said in an email.

“We do not screen the subcontractors or potential subcontractors,” he said.

Eight of the subcontractor companies that the Department of Administrative Services provided to Patch are Connecticut-based, including BRD, Stamford-based companies AT Construction, LLC, and, All Waste, Inc., of Hartford, Allen's Abatement Services of Meriden, Lane Construction Corporation and Strollo Towing Service of Cheshire, and Richard's Corporation of Terryville.

“The contract may be used by towns or by state agencies who would then supervise or administer the work,” Beckham wrote to Patch. “In this case, it was a (Department of Transportation) job. They would have engaged AshBritt who would have then engaged the subcontractor.”

Kevin Nursick, a Department of Transportation spokesperson, said in an email that the department does not have “regulatory authority” or “enforcement powers” over trucks that are not in compliance. He said that is between the carriers and the state Department of Motor Vehicles.

Subcontractors are responsible for "assuring that their motor vehicles used in connection with the job are in full compliance with all relevant regulations," Beckham said.

AshBritt had no issues with BRD, LLC before and was not aware of any past violations prior to Feb. 3, Moskowitz said. AshBritt has made it clear that BRD will no longer be on the project or do work for AshBritt.

“We have a zero tolerance policy,” Moskowitz said.

Messages left with BRD this week were not returned.

BRD's Truck Inspection History

This is not the first time a BRD truck was put out of service for violations, according to Department of Motor Vehicle records. Four trucks have been towed from service since Jan. 1, 2009, including the Feb. 3 truck stop, said Ernie Bertothy, a spokesperson for the state Department of Motor Vehicles.

Another BRD truck was inspected in Avon on Jan. 2, 2009, en route from Shelton to Southwick, Mass. Avon police discovered that a brake was "out of adjustment," tire ply or belt material was exposed and that the motor vehicle the truck carried was not secured properly, according to DMV records.

The truck did not have periodic inspection, Bertothy said, and the driver was cited for failure to carry valid registration.

Later that year, on Nov. 16, New Preston police put a different BRD truck out of service because of problems with its steering system. The truck, traveling from West Suffield to Brookfield on Route 202, had no cargo.

On Jan. 15, 2010, Middletown police put another BRD truck out of service because its trailer was not properly secured. There was no cargo on the truck, which was passing through on a trip from Southwick, MA to Old Lyme.

When a truck is taken off the road for violations, the company must have the deficiencies fixed by a "licensed repairer" before it can return to the road, Bertothy said. The mechanic and carrier sign a statement confirming the repairs are complete before the truck can be operated again.

If the truck is found on the road before the repairs are made, the driver and company could be subjected to "increased penalties," including fines, jail time and license suspension, Bertothy said.

Additionally, trucks are required to have annual inspections on top of the daily company inspections.

February Truck Inspection in Avon

The BRD truck stopped on Simsbury Road on Feb. 3 was hauling debris woodchips from the Department of Transportation District 4 Maintenance Center on Chidsey Road in Avon to East Windsor, Walsh said.

, who is certified to inspect trucks, spotted the BRD vehicle heading westbound on Route 44 on Feb. 3. She said she noticed that its right rear tire was low and that it tilted when it turned onto Simsbury Road, so she pulled it over for  a full level one inspection.

Kassey said that the truck's brake deficiencies were among the top ten worst violations she's seen since the runaway that caused a .

Driver Thomas C. Mattesen, 49, of Windsor Locks, was charged with improper use of a marker or registration and towing an unregistered motor vehicle.

Police cited BRD two counts of violations with parts and accessories necessary for sale operations and two counts of inspection, repair and maintenance violations, which are infractions.

The truck was placed out of service and towed.

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