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

Darien, CT – Fred N. Durante General Contractor, Inc. and one of its employees faced federal charges in 2002 following a reckless demolition project at the Woodway Country Club that exposed the surrounding area to dangerous levels of asbestos. The case, investigated by the Environmental Protection Agency (EPA), highlights the dangers of improper asbestos abatement and the potential for significant environmental and public health risks when regulations are ignored.

The illegal activity centered around the demolition of a clubhouse at the exclusive country club. Investigators discovered that the structure contained a substantial amount of asbestos-containing materials (ACM) which were not properly removed before demolition commenced. Rather than adhering to strict Clean Air Act regulations for asbestos abatement, Durante General Contractor, Inc. proceeded with the demolition, releasing hazardous fibers into the air.

The situation came to light when a subcontractor, disturbed by the blatant disregard for safety protocols, alerted local authorities. This prompted an EPA investigation, which quickly revealed the extent of the violations. The project had been subcontracted multiple times, seemingly in an attempt to obscure responsibility and avoid compliance with environmental regulations. The EPA’s criminal enforcement division took swift action, bringing charges against both the company and Welling, an employee directly involved in the project.

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Legal Ramifications

Both Fred N. Durante General Contractor, Inc. and Welling were charged with one count of knowingly violating the Clean Air Act (CAA), specifically 42 U.S.C. 7413(c)(4). This section of the CAA addresses the knowing failure to follow national emission standards for hazardous air pollutants, including asbestos. Welling pled guilty on July 10, 2002, and received a sentence of 36 months probation and a $100 special assessment fee. Notably, no fine was imposed.

The company itself also entered a guilty plea on August 30, 2002. On December 16, 2002, the court sentenced Fred N. Durante General Contractor, Inc. to 36 months probation, a $400 special assessment fee, *and* ordered the company to pay $132,300 in restitution to those impacted by the illegal demolition and asbestos release. The restitution suggests that victims experienced quantifiable damages as a result of the contamination, likely including cleanup costs and potential health concerns.

Key Facts

Defendant: Fred N. Durante General Contractor, Inc. and Welling
Location: Woodway Country Club, Darien, Connecticut
Crime: Illegal demolition releasing asbestos without proper abatement
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.
Discovery: Case initiated after a subcontractor reported the violations to authorities.

This case serves as a stark reminder that companies handling hazardous materials have a legal and ethical obligation to prioritize safety and adhere to environmental regulations. The EPA continues to aggressively pursue criminal enforcement actions against those who knowingly endanger public health and the environment through negligent or illegal practices.

Source: EPA ECHO Enforcement Case Database

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