North Haven, CT – Bridgeport Wrecking Company and its president, Thomas Capozziello, were convicted in 1990 of multiple violations of the Clean Air Act related to the improper demolition of the Knudsen Dairy facility in a residential area of North Haven, Connecticut. The case, prosecuted by the Environmental Protection Agency (EPA), highlighted the dangers of asbestos exposure and the importance of adhering to federal regulations during demolition projects.
The indictment, filed in March of 1989, alleged that Bridgeport Wrecking knowingly released friable asbestos—a known carcinogen—into the air without proper notification to the EPA or implementing adequate safety measures. These measures, mandated by the Clean Air Act, are designed to protect public health and the environment from the harmful effects of asbestos fibers. Investigators found the company failed to remove asbestos-containing materials *before* demolition began, a critical step in preventing airborne contamination.
The prosecution argued that Bridgeport Wrecking also neglected to adequately wet the asbestos materials during removal, a procedure essential for suppressing dust and minimizing the release of fibers. Furthermore, the company was accused of failing to maintain the materials in a consistently wet state until they could be properly contained and disposed of, exacerbating the risk of exposure to nearby residents. The demolition took place without the legally required permits and safety protocols.
After a trial, a verdict was entered in December 1989 and finalized in March 1990, finding Bridgeport Wrecking guilty of two counts of violating Section 113(c)(1)(C) of the Clean Air Act [42 U.S.C. 7413(c)(1)(C)] and one count of violating Section 113(e)(1)(5) [42 U.S.C. 7413(e)(1)(5)]. Capozziello himself was convicted of one count of violating Section 113(c)(1)(C) [42 U.S.C. 7413(c)(1)(C)], while being acquitted of the remaining charges. The violations also included breaches of regulations outlined in 40 CFR 61.146, 61.147(c), and 61.147(e)(1).
Penalties and Sentencing
The sentencing, handed down in March 1990, reflected the severity of the offenses. Bridgeport Wrecking Company was ordered to pay a $40,000 fine for each of the three counts, totaling $120,000 (the fines were to be served concurrently). Thomas Capozziello received a $10,000 fine as a special condition of his 36-month probation, and was sentenced to 12 months of incarceration, with all but three months suspended. He was also required to pay a $25 special assessment to the Crime Victim’s Fund.
Key Facts
- Defendant: Bridgeport Wrecking Company and Thomas Capozziello
- Crime: Clean Air Act Violations (Asbestos Release)
- Location: North Haven, Connecticut
- Year: 1990
- Statutes Violated: 42 U.S.C. 7412(c)(1)(B), 42 U.S.C. 7412(e)(5), 42 U.S.C. 7413(c)(1)(C), 42 U.S.C. 7413(e)(1)(5), and 40 CFR 61.146, 61.147(c), and 61.147(e)(1)
- Penalties: $120,000 fine for Bridgeport Wrecking; $10,000 fine, 9 months incarceration (suspended), and probation for Capozziello
- Details: Improper demolition of Knudsen Dairy released asbestos without proper safety measures.
This case serves as a stark reminder of the legal and ethical responsibilities of demolition companies to prioritize public safety and environmental protection when handling hazardous materials like asbestos. The EPA continues to actively enforce the Clean Air Act to prevent similar incidents and ensure accountability for those who endanger communities through negligence or willful disregard of the law.
Source: EPA ECHO Enforcement Case Database
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