Illinois ag charges bloomington building owner with asbestos violations

CHICAGO, Illinois â€" The Illinois Attorney General has brought suit against a Bloomington building owner and his tenant, charging them with violations of the federal Clean Air Act. The charges stem from the alleged illegal removal of floor tiles that contained asbestos during a 2006 renovation project. The complaint was filed in McLean County Circuit Court. It names Merle Huff, owner of the Front ‘N’ Center Building, and his tenant Ben Slotky as defendants, and alleges that Huff allowed Slotky to remove tile flooring materials that contain asbestos, and place them in unsealed plastic garbage bags. Federal law requires that all materials containing asbestos be removed by a licensed asbestos contractor following specified procedures to prevent the contamination of the environment with asbestos. Slotky is not a licensed contractor, and did not follow prescribed procedures for storage and disposal of the asbestos-containing materials. Attorney General Lisa Madigan pointed out that as there is no known safe level of exposure to asbestos, the careless and improper handling of asbestos created a “very serious danger to public health”. Asbestos is a known carcinogen that causes mesothelioma, a rare cancer that affects the lining of the lungs and other organs, and increases the risk of developing lung cancer and a number of other cancers. The fibrous mineral was widely used in construction until the 1980s, when it was banned for many uses. It is not considered a health hazard as long as the materials in which it is contained are in good repair and undisturbed. When materials like floor tiles that contain asbestos are worn, broken or otherwise disturbed, the dust created contains microscopic asbestos fibers which can be inhaled by anyone in the area. Inhaled asbestos fibers are believed to be the cause of mesothelioma, asbestosis and other disabling conditions. The complaint filed by Madigan alleges that both Slotky and Huff failed to inspect the premises and follow required work practices. Huff failed to inspect the area for asbestos before work began on the renovation. That inspection is required by the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations. Huff also did not limit access to the work areas, and allowed it to be reoccupied before air quality tests proved it to be safe, and before proper cleanup was completed. The complaint includes allegations that Slotky violated a number of NESHAP regulations in removing the asbestos-containing floor tiles. NESHAP requires that asbestos-containing materials be placed into sealed containers that are distinctly marked with warning labels, and delivered to a facility that is licensed for handling asbestos. The suit also alleges that Slotky did not properly contain the area where he was working, possibly leading to the release of asbestos fibers into the air in the building, and that he did not properly decontaminate the exterior of containers and the equipment used to remove the flooring tiles. The lawsuit stems from a March, 2006 renovation project at the Front ‘N’ Center Building. Illinois Department of Public Health inspectors responding to a complaint from neighbors found piles of flooring materials and carpeting on site. Testing of the samples confirmed that they contained asbestos. An emergency stop work order was issued, and apparently ignored by the building owner, who also failed to hire a licensed asbestos contractor to see to the removal of the materials. The AG’s office asks for both a monetary penalty, and that the court prohibit the defendants from further violations of environmental law. (Source: Asbestos and Mesothelioma News)