Illinois Attorney General Lisa Madigan has filed a lawsuit in which allegations are made that a Bloomington building owner and his tenant failed to use a licensed asbestos contractor to remove asbestos-containing materials during a 2006 renovation project.

Attorney General Madigan’s complaint names two people: building owner Merle Huff, and tenant Ben Slotky. The complaint alleges that Huff allowed his tenant (who is not a licensed asbestos contractor) to remove flooring that contained asbestos, and place the materials in plastic garbage bags that were left unsealed.

Included in the allegations are first that both defendants—Merle Huff and Ben Slotky—failed to inspect the location and follow correct safety practices for the work.

Regulations issued by the National Emission Standards for Hazardous Air Pollutants (NESHAP) mean that Huff should have inspected the area for asbestos-containing materials before the renovations even began. In addition, the lawsuit filed by Madigan alleges that Huff did not limit access to the renovation area while the work was being carried out, and also that proper clean up and air monitoring was not done before the area was reoccupied by the tenant.

Several complaints are also laid against Ben Slotky. First, the lawsuit alleges that Slotky did not follow NESHAP regulations in the disposal of the asbestos-containing materials that were removed from the work area. The materials that Slotky removed were stored in unsealed plastic bags—but NESHAP requires that containers are marked with warning labeled and delivered to a licensed facility that is equipped to safely dispose of asbestos-containing materials.

The complaint also alleged that Ben Slotky did not properly contain the area where the work was being carried out. Surfaces of equipment and containers that were contaminated by asbestos-containing materials were not properly decontaminated before being removed.

The renovation site was inspected by an Illinois Department of Public Health (IDPH) official in March of 2006, providing clear evidence that asbestos-containing materials were present in the work area. The inspection noted piles of dry, broken flooring materials at the site.

In addition, it was observed that the materials were friable, meaning that they could easily be broken with the application hand pressure. Asbestos-containing materials in this condition are particularly dangerous, because fibers can easily become airborne. Later analysis of materials found at the site confirmed the presence of asbestos.

Subsequently the IDPH demanded that a licensed asbestos contractor be hired to complete the renovation work; however the building owner failed to respond to this demand. Both parties also ignored a subsequent emergency stop-work order.
In January of 2008, IDPH officials returned to the site after receiving reports that building materials were being removed. A subsequent IDPH visit indicated that asbestos-containing materials that had been noted in the 2006 inspection had been recently disturbed, constituting a further hazard to public health.

In a statement issued about the lawsuit, Attorney General Lisa Madigan said “this careless and improper handling of a known carcinogen created a very serious danger to public health.” The lawsuit filed by Madigan at the McLean County Circuit Court includes three charges, and asks that both defendants be fined. The hearing has been scheduled for June 2008.

This entry was posted on Monday, March 17th, 2008 at 1:06 pm and is filed under Asbestos Abatement, Illinois. You can follow any responses to this entry through the RSS feed. Responses are currently closed, but you trackback from your own site.