Fred N. Durante General Contractor, Inc., Asbestos Demolition, CT 2003

Darien, CT – Fred N. Durante General Contractor, Inc. and one of its employees faced federal charges in 2003 following a reckless demolition project at the Woodway Country Club that exposed the surrounding area to dangerous asbestos. The case, investigated by the Environmental Protection Agency (EPA), revealed a pattern of negligence and disregard for public health and environmental regulations during the dismantling of the club’s old clubhouse.

According to court documents, the demolition began without proper asbestos abatement procedures. A significant amount of asbestos-containing materials remained within the structure, and were disturbed during the demolition process, releasing hazardous fibers into the air. The project was repeatedly sub-contracted, obscuring responsibility and contributing to the lack of oversight. It was ultimately a subcontractor who alerted local authorities to the illegal and dangerous activity.

The EPA charged both the company and Welling, an employee, with knowingly violating the Clean Air Act (CAA), specifically 42 U.S.C. 7413(c)(4). This section of the CAA addresses the knowing violation of regulations designed to control the release of hazardous air pollutants, including asbestos. The initial charges were filed on April 17, 2002, setting in motion a legal process that highlighted the serious consequences of failing to adhere to environmental safety standards.

Both Fred N. Durante General Contractor, Inc. and Welling entered guilty pleas. Welling pled guilty on July 10, 2002, and the company followed suit on August 30, 2002. The sentencing phase reflected the severity of the offense, although penalties were relatively light. On December 10, 2002, Welling received a 36-month probation sentence and was ordered to pay a $100 special assessment fee. Notably, no fine was imposed.

The company, Fred N. Durante General Contractor, Inc., received a similar 36-month probation sentence on December 16, 2002, but also faced financial repercussions. In addition to a $400 special assessment fee, the court ordered the company to pay $132,300 in restitution to those impacted by the asbestos exposure. This restitution aimed to cover costs associated with potential health issues and property decontamination related to the illegal demolition.

Key Facts

Defendant: Fred N. Durante General Contractor, Inc. and Welling
Location: Woodway Country Club, Darien, Connecticut
Crime: Illegal demolition resulting in asbestos exposure
Statute Violated: 42 U.S.C. 7413(c)(4) – Clean Air Act
Penalties: Welling – 36 months probation, $100 assessment. Durante – 36 months probation, $400 assessment, $132,300 restitution.
Timeline: Demolition occurred in 2002, charges filed April 2002, sentencing completed December 2002.

This case serves as a stark reminder of the dangers posed by improper asbestos handling and the importance of strict adherence to environmental regulations during demolition projects. The EPA continues to prioritize enforcement actions against those who prioritize profit over public safety, and this case illustrates the legal and financial consequences of such negligence.

Source: EPA ECHO Enforcement Case Database

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