Chicago – Attorney General Kwame Raoul today announced his office obtained an agreed immediate and preliminary injunction with the Will County Metropolitan Exposition & Auditorium Authority (Authority) in his office’s ongoing lawsuit against the Authority and two other defendants over their alleged improper removal and storage of materials containing asbestos during a renovation project at the Rialto Square Theatre in downtown Joliet, Illinois.
The injunction requires the Authority to continue to implement an approved asbestos remediation plan at the historic theatre and contains several requirements to ensure the safety of workers and the general public. Specifically, within 30 days of the order being entered, the Authority must submit a summary report thoroughly detailing the demolition done prior to Raoul’s lawsuit, waste materials collected and removed at the site, as well as other data. In addition, the Authority will be required to receive written approval from the Illinois Environmental Protection Agency (IEPA) before any demolition activity at the theatre can restart.
“The agreed injunction will ensure asbestos remediation can continue at the theatre with safety protocols in place and oversight by the Illinois EPA,” Raoul said. “The mishandling and storage of materials containing asbestos is dangerous to the health of workers and the general public. The workers deserve to be protected as they do the important work that will ensure the safety of other members of their community.”
In September, Raoul filed a lawsuit against the Will County Metropolitan Exposition & Auditorium Authority; R. Berti & Son Contractor Inc. (Berti), doing business as R. Berti Building Solutions; and Universal Asbestos Removal Inc. (Universal), alleging the defendants conducted unsafe renovations at the historic theatre, failing to properly handle and store asbestos-containing materials. There is no known safe level of exposure to asbestos. Inhalation of asbestos fibers can cause serious and fatal illnesses including malignant lung cancer, mesothelioma and asbestosis.
Raoul’s lawsuit is based on a referral from the IEPA.
“Illinois EPA referred this case because of the concerns raised by our inspection of the facility, which clearly indicated improper removal, handling, and disposal of asbestos-containing material. Those activities at the facility created an unacceptable risk to public health and the environment,” said IEPA Acting Director James Jennings. “We will continue to work with the Attorney General’s Office and the Authority as the remediation plan is implemented and required reporting is submitted.”
After receiving a complaint regarding the presence of dry asbestos-containing material, officials from the IEPA inspected the site and observed bags of broken and stripped thermal system pipe insulation containing asbestos. The bags were not sealed to prevent the release of the dangerous fibers, and the material they contained was found to be dry, without needed moisture to prevent the asbestos fibers from migrating into the environment. The inspection also showed a failure to isolate the area where asbestos removal was taking place and insufficient measures taken to prevent the migration of asbestos fibers from the basement through doors and other entry points into the main event space on the first floor of the building.
The IEPA-approved work plan mandated by the injunction requires that all asbestos contamination be remediated and all areas be cleared for safe occupancy before the theatre can be reopened.
Senior Assistant Attorney General Christopher Grant and Assistant Attorney General Cara Sawyer are handling the case for Raoul’s Environmental Bureau.
