New York, NY – Michael Mark LaCommare was sentenced to probation and fined for illegally removing asbestos from a property in New York City, according to records obtained by GrimyTimes. The case, brought forth by the Environmental Protection Agency (EPA), highlights a dangerous disregard for public health and environmental regulations.
The NYC Department of Environmental Protection (DEP) initially flagged the illegal abatement. Investigators discovered LaCommare performed work removing approximately 400 linear feet of asbestos pipe insulation and 1000 square feet of asbestos tile. Critically, the removal was conducted using *mechanical means* – a method known to release dangerous asbestos fibers into the air – without any of the legally required safety precautions.
The EPA investigation revealed a complete lack of adherence to established safety protocols. LaCommare failed to notify both the NYC DEP and the U.S. EPA before commencing the abatement. He also neglected to establish a critical barrier to contain the asbestos, provide protective gear for personnel, or conduct any air monitoring to assess the potential for airborne contamination. These omissions significantly increased the risk of exposure to hazardous asbestos fibers for both workers and the surrounding public.
Legal Ramifications
LaCommare was formally charged on April 2, 2013, with violating the Clean Air Act, specifically 42 U.S.C. 7413(c)(1), which prohibits knowingly violating regulations related to hazardous air pollutants. The charge carries significant penalties due to the known health risks associated with asbestos exposure, including lung cancer, asbestosis, and mesothelioma.
On August 7, 2013, LaCommare entered a guilty plea and was sentenced to 12 months of probation, with the first three months to be served under home confinement. He was also ordered to pay a $2,000 federal fine. While the sentence reflects a degree of accountability, public health advocates argue that penalties for asbestos violations often fail to adequately deter similar reckless behavior.
Key Facts
- Defendant: Michael Mark LaCommare
- Location: New York City, New York
- Year: 2013
- Crime: Illegal Asbestos Abatement
- Statute Violated: 42 U.S.C. 7413(c)(1) – Clean Air Act
- Penalties: 12 months probation (3 months home confinement), $2,000 fine
- Safety Violations: No notification to regulatory agencies, no critical barrier, no protective gear, no air monitoring.
GrimyTimes will continue to follow this case and investigate other instances of environmental crimes that threaten public health and safety. Asbestos remains a significant public health concern, and proper abatement procedures are essential to mitigate the risks associated with this dangerous material.
Source: EPA ECHO Enforcement Case Database
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