Clapper, Patti, Schweizer and Mason

The Massachusetts’s Attorney General’s office issued a statement on August 24^th stating that developer James L. Xarras, owner of Summit Construction, Inc.,  will have to pay $100,000 in civil penalties for violations of asbestos regulations.  The violations occurred during an update/renovation of the former Union Products jobsite in Leominster, MA between 2009 and 2010. 

Attorney General Martha Coakley took the opportunity to reiterate her stance that her office would "vigorously pursue those who endanger the health of workers and the public by failing to control the release of hazardous asbestos fibers."  She stated that the large penalty should serve as a reminder to the public that the state of Massachusetts takes such violations very seriously and should also discourage disreputable contractors, builders, and land developers from following in Xarras’ footsteps.

The violations warranted such a heavy fine because investigators found that Xarras endangered the lives of his employees by allowing them to mishandle asbestos containing materials without proper equipment, training, or supervision. 

Asbestos fibers, especially airborne fibers, can be inhaled and ingested and cause a wide variety of deadly illnesses including asbestosis, lung cancer, and even mesothelioma, a deadly cancer of the tissues surrounding the internal organs.  Asbestos kills nearly 3,000 people per year in the United States alone.

Xarras is accused of failing to take precautions to minimize the release of carcinogenic asbestos fibers into the air while workers were present.  Much of the asbestos found at the worksite was in the form of insulation around piping – which was a common use for the hazardous material before the Environmental Protection Agency (EPA) banned the process in the mid-1980s.

The Union Products jobsite was shut down by Massachusetts Department of Environmental Protection (MassDEP) shortly after the violations were uncovered.  A state-licensed asbestos contractor was called in to implement an emergency containment plan and completely decontaminate the site.  During that time Xarras attempted to clean up the jobsite and improperly removed additional asbestos. 

The project was part a massive restructuring of the area including the creation of a 251-lot subdivision known as Crown Point.  The Crown Point project also faced fire due to violations of wetland restrictions (unrelated to asbestos) in 2006.

MassDEP Deputy Commissioner Gary Moran reiterated that asbestos violations have severe health related consequences and that, “building renovation work must not begin until an asbestos inspection is completed so that workers know where the asbestos materials are located.”

It is important to keep in mind that the $100,000 was a civil fine.  Xarras and the other targets of Coakley’s investigation may still be subject to criminal penalties as well.  There has been no word on whether or not federal investigators will look into the Xarras case.  However, the EPA has the right to prosecute developers if it finds that any federal regulations regarding the removal, transportation, or disposal of asbestos materials have been violated.