Two brothers involved in a masonry construction business were fined and sentenced to community service and probation this week for the unsafe removal of asbestos from their commercial property in New Haven.
U.S. District Court Judge Janet Bond Arterton imposed the sentence on Rezart Rakaj, 35, of Ansonia, and Kliton Rakaj, 39, of Monroe. Both must pay a fine of $9,500, perform 50 hours of community service, and be on probation for one year.
According to the U.S. Attorney’s office, the brothers were charged for the “illegal and dangerous” removal of asbestos from property at 206-220 Wallace Street in New Haven. The brothers had bought the commercial site and were renovating it in 2015.
In November the men each pleaded guilty to one count of illegal asbestos removal in violation of the Clean Air Act.
They were apologetic for their behavior. In a letter to Arterton, Rezart Rakaj expressed his “deepest regret,” and wrote, “I have learned that in the future it is of great importance to consult and know more about the laws of the United States.” The pair are originally from Albania.
They also reached a settlement to pay the Occupational Safety and Health Administration $50,000, documents show.
The brothers operate Creative Masonry & Construction, which does masonry work, including patios, driveways, retaining walls, chimneys, steps, pool decks and fireplaces.
Their defense attorney, Kenneth Rosenthal of New Haven, noted both men had crime-free histories.
“There is no reason to conclude that these two men will ever allow themselves to again commit the misconduct that is the subject of these convictions, or any other form of misconduct for that matter,” Rosenthal said in a memorandum to the court.
Prior to their purchase of the New Haven property, the realtor told the men the property had asbestos and it would cost about $117,000 to abate, according to the government.
Instead of hiring a company familiar with asbestos abatement, the defendants hired workers who spent several days doing renovations and removing asbestos, federal prosecutors said.
An anonymous tipster alerted the city’s Health Department, which discovered the illegal asbestos removal in November 2015.
Inspectors found workers removing material with asbestos and throwing it on the floor, and not taking proper precautions to prevent its release into the environment. While workers wore dust masks and suits, these weren’t adequate to protect them against the asbestos, according to federal prosecutors. The suits were worn repeatedly over several days instead of being thrown out, which was also dangerous, prosecutors said. Inhalation of asbestos fibers can place individuals at risk for developing lung cancer.
U.S. Attorney John Durham said the defendants “recklessly cut corners” and endangered the lives of their workers.
“The U.S. Attorney’s Office is committed to prosecuting all who deliberately harm the environment and risk public health in order to save money,” said Durham in an announcement.
Contact Michelle Tuccitto Sullo at msullo@newhavenbiz.com
