Case continues after Fall River developer pleaded not guilty to 58 counts of violating Massachusetts Clean Air Act, 1 count of violating Massachusetts Solid Waste Management Act

Fall River — The Attorney General’s Office announced earlier this year that 65-year-old Robert G. Kfoury of Fall River was charged with 58 counts of violating the Massachusetts Clean Air Act and one count of violating the Massachusetts Solid Waste Management Act by allegedly illegally demolishing, handling, storing and disposing of asbestos-containing material, asbestos-containing waste material, and solid waste at 386 Kilburn Street, the site of the former King Philip Mill, in Fall River.

The Bristol County Grand Jury indicted Kfoury on Wednesday, May 29 and he was arraigned before Judge Brian Glenny in Bristol Superior Court on June 18 where he pled not guilty and was released on personal recognizance.  

A pre-trial conference was held in August and a hearing was held in October. Another hearing is scheduled for December.

Kfoury is a property developer who demolished the former mill buildings to build single-family homes. The allegations encompass conduct beginning with Kfoury’s demolition of the former mill complex beginning on May 29, 2018, and continuing through the discovery of buried asbestos-containing waste material at the site during the execution of a court authorized search warrant on February 11, 2020. 

Asbestos is a hazardous material and known human carcinogen regulated under the Clean Air Act. It is used as fireproofing in a wide variety of building materials, from roofing and flooring, to siding and wallboard, to caulking and insulation and is especially prevalent in older construction. If asbestos is improperly handled or maintained, fibers can be released into the air and inhaled, devastating the lungs, causing scarring, malfunction and potentially life-threatening illnesses, including asbestosis, lung cancer, and mesothelioma. Once disturbed, asbestos fibers can remain airborne, and therefore breathable for up to 72 hours. Because of the serious health risks associated with asbestos, there is no safe level of exposure.   

The Massachusetts Department of Environmental Protection requires builders to conduct a professional asbestos survey prior to any demolition or renovation work, to notify MassDEP before working with any asbestos-containing material, and to carefully remove, wet, seal, and otherwise contain any asbestos-containing material to prevent the release of asbestos fibers into the air. Building sites and equipment must be carefully cleaned. Once removed, asbestos must be transported and disposed of at a special landfill.  

The case is being prosecuted by Assistant Attorney General David Wittenberg of AG Campbell’s Environmental Crimes Strike Force, with assistance from detectives with the Massachusetts Environmental Police, Asbestos and Strike Force Section Chief Colleen Ferguson of MassDEP’s Southeast Regional Office, and Acting Director Stephen Spencer of MassDEP’s Environmental Strike Force.