Michael T. Helmer, Asbestos Violation, New York 2012

Whitesboro, NY – Michael T. Helmer was sentenced to 24 months probation in July 2012 for illegally demolishing a building containing asbestos and improperly disposing of the hazardous waste, according to court documents obtained by GrimyTimes. The incident occurred in August 2011, exposing nearby residents to potential health risks and violating federal environmental regulations.

Helmer, who was not a licensed asbestos contractor, was contracted to demolish a structure located on Mohawk Street in Whitesboro. Prior to the demolition, a proper asbestos survey should have been conducted to identify any asbestos-containing materials (ACM). However, investigators found no evidence of such a survey, nor any attempt to safely remove or contain the known friable asbestos present within the building’s structure.

Following the demolition, the resulting debris – which contained undiscovered and unmanaged asbestos – was not treated as hazardous material and was disposed of improperly. This negligent handling created a significant public health threat, as asbestos fibers, when airborne, can cause severe respiratory illnesses, including lung cancer and mesothelioma. The Environmental Protection Agency (EPA) initiated an investigation following complaints from local residents regarding the demolition and subsequent debris field.

The EPA’s investigation revealed a clear violation of the Clean Air Act (CAA). Helmer was formally charged on September 8, 2011, with one count of negligent violation of 42 U.S.C. 7413(c)(1). This section of the CAA specifically addresses the improper handling of hazardous air pollutants, including asbestos, during demolition and renovation activities. The prosecution argued that Helmer knowingly disregarded established safety protocols and regulations designed to protect public health and the environment.

While no fine was imposed as part of the sentencing, the 24-month probation period serves as a formal record of the conviction. Environmental advocacy groups have expressed concern that the lack of a financial penalty may not be a sufficient deterrent for similar violations in the future. They argue that stricter enforcement and heavier fines are necessary to ensure compliance with asbestos regulations and prevent future endangerment of public health.

The case highlights the ongoing issue of illegal asbestos removal and disposal, particularly in older buildings undergoing demolition or renovation. The EPA continues to emphasize the importance of hiring licensed and certified asbestos contractors to ensure safe and compliant handling of this dangerous material. Residents suspecting illegal asbestos activity are urged to report it to the EPA’s hotline.

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Key Facts

Defendant: Michael T. Helmer
Location: Whitesboro, New York
Date of Offense: August 2011
Statute Violated: 42 U.S.C. 7413(c)(1) – Clean Air Act (Negligent Violation)
Sentence: 24 months probation, no fine.
Crime: Illegal demolition of asbestos-containing building and improper disposal of asbestos debris.

GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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