Oakville, CT – A 1986 case involving the illegal demolition of the Old Pin Shop revealed a blatant disregard for public health and federal environmental regulations. Peter J. Vileisis, Jr., president of an unnamed company, and Anthony Fabiani, owner of the Old Pin Shop property, were both convicted of violating the Clean Air Act after improperly demolishing a building containing asbestos without proper safeguards.
The Environmental Protection Agency (EPA) initiated the investigation following the January 1985 demolition. Investigators discovered that neither Vileisis nor Fabiani provided the required notice to the EPA before commencing the demolition, nor did they take the necessary precautions to remove asbestos-containing materials beforehand. Crucially, exposed asbestos materials were not adequately wetted down during the demolition process, leading to the release of hazardous fibers into the surrounding air.
An initial five-count indictment was filed in August 1985, charging both the company and Vileisis with three counts related to asbestos emissions. Fabiani faced two similar charges. However, the charges against the company were later dismissed. Both men ultimately pleaded guilty to a single count each in November 1985, admitting to failing to remove asbestos prior to demolition – a direct violation of the Clean Air Act.
Legal Ramifications
The specific statutes violated included 42 U.S.C. 7412(c)(1)(B), 42 U.S.C. 7412(e)(5), and 42 U.S.C. 7413(c)(1)(C), as well as regulations outlined in 40 CFR 61.146 and 40 CFR 61.147. These regulations are designed to protect the public from the dangers of asbestos exposure, a known carcinogen linked to serious respiratory illnesses like mesothelioma and lung cancer.
Sentencing Details
In December 1985, sentencing was handed down. Vileisis received a 12-month suspended sentence, a 60-month probation period, and a hefty $25,000 fine, plus a $25 penalty assessment. He was also ordered to complete 1,000 hours of community service and attend, at his own expense, seminars focused on the safe disposal of asbestos. Fabiani faced a more severe penalty, receiving a 12-month incarceration sentence (with all but 30 days suspended), a 60-month probation, a $25,000 fine plus assessment, and the same 1,000-hour community service requirement.
Key Facts
- Defendant(s): Peter J. Vileisis, Jr. and Anthony Fabiani
- Location: Oakville, Connecticut
- Crime: Illegal demolition of asbestos-containing building
- Statutes Violated: 42 U.S.C. 7412(c)(1)(B), 42 U.S.C. 7412(e)(5), 42 U.S.C. 7413(c)(1)(C), 40 CFR 61.146, 40 CFR 61.147
- Penalties: Vileisis – 12 months suspended, 60 months probation, $25,025 fine, 1,000 hrs community service. Fabiani – 11 months, 30 days incarceration, 60 months probation, $25,025 fine, 1,000 hrs community service.
- Date of Conviction: 1986
This case serves as a stark reminder of the importance of adhering to environmental regulations, particularly when dealing with hazardous materials like asbestos. The EPA continues to aggressively pursue enforcement actions against those who put public health and the environment at risk.
Source: EPA ECHO Enforcement Case Database
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