Clapper, Patti, Schweizer and Mason

Tom Tienda, a landlord from Pueblo, Colorado, tried to outwit the Environmental Protection Agency (EPA) and tear down a housing unit contaminated with asbestos to avoid monetary fines may now be facing jail time.  Local, state, and federal regulations regarding the safe handling of asbestos materials require filing of certain paperwork, hiring licensed professionals, and inspecting the work areas both before and after asbestos removal.  Tienda did none of those things.

His actions have potentially put the lives of his workers and the general public at risk.  Asbestos, especially that contained in damaged or deteriorating building materials, poses a great health risk to anybody in the area.  That’s because asbestos fibers can become airborne.  Airborne asbestos causes mesothelioma, lung cancer, asbestosis (scarring of the lungs) and other deadly diseases.

A jury heard evidence against Tienda and deliberated for less than one hour before finding him guilty of all eight counts against him.  The counts included charges that he caused a hazardous substance spill and attempted to influence a public official after his actions were discovered.  Each of the eight charges are felony charges.  Tienda could spend up to six years in prison for each of them.

In addition to the eight felonies he was facing in connection with his illegal removal, transportation, and disposal of asbestos, Tienda was hit with 6 violations of the air quality control act and endangering the health of individuals.  The maximum sentence for those charges is four years in prison but Tienda could also be hit with $50,000, per day of violation, in connection.

The charges stem from the illegal demolition of a house at 1504 Lake Avenue in June of 2007.  Tienda was well aware that the wall plaster contained asbestos fibers but chose to carry out the demolition even though he knew it violated the law and potentially put people at risk of developing deadly mesothelioma diseases.

In an especially heinous turn, Tienda hired workers (some from a local soup kitchen) to do the work and failed to inform them of the health risk they were being exposed to.  The crews were ordered to smash the asbestos materials and shovel them into the backs of open trucks.  Not only did this create a significant cloud of asbestos dust at the worksite but transporting the materials without first sealing them ion containers may have potentially spread the threat along the roadside and outside the immediate area. 

Once the asbestos materials were loaded, Tienda had workers transport them to another one of his properties at 603 Catalpa Street and simply dump them at the site.

Tienda tried to justify his crimes by saying that his lawyer instructed him to raze the dilapidated property and take an estimated $300 fine rather than spend any more money trying to fix it up – a charge his lawyer denies.

If you have worked in an area known to contain asbestos materials or have been instructed to handle these materials without proper training or safety gear and have developed symptoms of mesothelioma, contact one of our mesothelioma attorneys at Clapper Patti Schweizer & Mason to ensure you’re compensated for your condition.  We have been specializing in asbestos lawsuits for more than thirty years, successfully winning large settlements for our clients.  For a free consultation, contact us today.