Constanine Fotos, Asbestos Violation, NY 2005

New York, NY – Constanine Fotos, owner of a now-defunct junk yard construction company, was sentenced in 2005 following a guilty plea to federal charges stemming from the illegal removal of asbestos during the demolition of the Asotr Hotel. The case, investigated by the Environmental Protection Agency (EPA), revealed a blatant disregard for public health and safety regulations regarding hazardous materials abatement.

According to court documents, Fotos directed the removal of approximately 77,000 square feet of asbestos-containing pipe wrapping from the nine-story hotel without adhering to established safety protocols. The demolition crew stripped the asbestos from exterior pipe surfaces without utilizing the “wet method” – a crucial technique designed to suppress the release of dangerous fibers into the air. This method involves applying water to the asbestos material during removal to prevent airborne contamination.

Further compounding the violations, Fotos failed to file a mandatory asbestos inspection report with the New York City Department of Environmental Protection prior to commencing the demolition. This report is a critical component of asbestos abatement procedures, allowing authorities to assess the scope of the hazard and ensure appropriate safety measures are in place. The lack of reporting effectively concealed the dangerous work being conducted and prevented oversight.

The EPA initiated the investigation following observations of unsafe demolition practices at the Asotr Hotel site. Evidence gathered by investigators confirmed the improper asbestos removal and the absence of required documentation. Fotos was initially charged on January 16, 2004, with two counts of violating the Clean Air Act (CAA), specifically 42 U.S.C. 7412. He subsequently pled guilty to both charges on the same day.

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Sentencing & Penalties

On May 4, 2005, Fotos received a sentence of 12 months and one day of incarceration, followed by a 24-month period of probation. In addition to imprisonment, Fotos was ordered to pay a $200 special assessment fee and a substantial $5,000 federal fine. The penalties reflect the severity of the offense and the potential health risks posed by asbestos exposure.

Key Facts

Defendant: Constanine Fotos
Location: New York, NY
Year: 2005
Statutes Violated: Clean Air Act, 42 U.S.C. 7413(c)(1) & 42 U.S.C. 7412
Asbestos Removed: Approximately 77,000 square feet of pipe wrapping
Safety Violations: Failure to use the wet method, no pre-demolition asbestos inspection report filed
Penalties: 12 months + 1 day incarceration, 24 months probation, $200 assessment, $5,000 fine

This case serves as a stark reminder of the importance of strict adherence to environmental regulations, particularly those concerning hazardous materials like asbestos. Improper handling of asbestos can lead to serious respiratory illnesses, including asbestosis, lung cancer, and mesothelioma. The EPA continues to prioritize enforcement actions against individuals and companies who knowingly endanger public health and the environment.

Source: EPA ECHO Enforcement Case Database

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