Thomas Janiak, Air Violation, CT 1993

Vernon, CT – A decades-old case of environmental negligence has resurfaced, revealing a pattern of concealed asbestos removal that led to federal charges and penalties for several individuals connected to Shepard Mill property at 200 West Main Street. Thomas Janiak, along with three co-defendants, pled guilty in 1993 to violating the Clean Air Act and conspiracy charges related to the improper handling and disposal of asbestos during demolition work.

The case, investigated by the Environmental Protection Agency (EPA), centered on the failure to properly notify authorities before disturbing asbestos-containing materials at the Shepard Mill site in 1989. Asbestos, a known carcinogen, requires specific handling and disposal procedures to prevent airborne fibers from endangering public health. Investigators determined that the defendants knowingly bypassed these regulations, prioritizing expediency over safety.

According to court records, Thomas Janiak, operating as an independent contractor, was involved in the demolition work alongside his brother, William Janiak, also an independent contractor. Co-defendants Louis Lavitt and David Liebman were part owners of Shepard Mill. All four men were charged on separate dates in April and May of 1993 with one count each of violating 33 U.S.C. 7412 and 42 U.S.C. 9603(b) – specifically, the failure to provide required notification to the appropriate regulatory agencies before commencing asbestos removal – and 18 U.S.C. 371, for conspiracy to commit the offense.

Remarkably, all four defendants entered guilty pleas on the same day they were formally charged, suggesting a coordinated understanding of their culpability. The subsequent sentencing in July 1993 reflected varying degrees of involvement and responsibility. David Liebman received the harshest penalty, a ten-month prison sentence, followed by twelve months of probation and a $3,000 fine. Louis Lavitt was sentenced to five years of probation and 250 hours of community service. William Janiak received six months of home detention, 250 hours of community service and five years of probation. Thomas Janiak was ordered to pay a $4,000 fine and serve five years of probation.

The case underscores the serious consequences of failing to adhere to environmental regulations, even in seemingly localized demolition projects. While the penalties levied in 1993 may appear lenient by today’s standards, the incident serves as a cautionary tale for contractors and property owners. The EPA continues to aggressively pursue enforcement actions against those who knowingly endanger public health and the environment through negligent asbestos handling.

Table of Contents

Key Facts

Defendant: Thomas Janiak, along with Louis Lavitt, David Liebman, and William Janiak
Location: 200 West Main Street, Vernon, Connecticut
Year: 1993 (related to events in 1989)
Crime: Violation of the Clean Air Act & Conspiracy
Statutes Violated: 33 U.S.C. 7412, 42 U.S.C. 9603(b), 18 U.S.C. 371
Penalties: Ranged from $3,000 fines and probation to 10 months incarceration, home detention, and community service.

GrimyTimes will continue to follow developments in environmental crime and enforcement actions.

Source: EPA ECHO Enforcement Case Database

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