Workers at the Rialto Theatre failed to properly remove and store asbestos-containing material, according to Illinois Attorney General Kwame Raoul, who has filed a lawsuit against the Joliet venue.

Materials containing asbestos were improperly removed and stored during a renovation project at the Rialto Square Theatre in downtown Joliet, according to Illinois Attorney General Kwame Raoul.

The attorney general has filed a lawsuit against the Will County Metropolitan Exposition & Auditorium Authority, R. Berti & Son Contractor Inc., doing business as R. Berti Building Solutions; and Universal Asbestos Removal Inc.

The lawsuit alleges the defendants conducted unsafe renovations at the theater, 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.

“The improper handling and storage of materials containing asbestos is dangerous to the health of workers and the general public,” Raoul said. “I am committed to ensuring that the defendants are held accountable for creating this hazard and for preventing any further harm to the public’s health and the environment.”

Raoul’s lawsuit is based on a referral from the Illinois Environmental Protection Agency.

After receiving a complaint regarding the presence of dry asbestos-containing material, officials from the IEPA inspected the Rialto and allegedly 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, inspectors said.

The inspection also allegedly 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.

Rialto officials said the attorney general’s lawsuit is a follow-up to a notification given to the theater July 25. At that time, they said, the IEPA notified the Rialto that Universal had violated certain asbestos-removal regulations.

“Since that notification, the Rialto has been working with the IEPA to arrive at a plan to ensure the elimination of any health concerns raised by the asbestos violation,” the theater said in a statement.

Rialto officials said the only violations identified by the IEPA are one which occurred in the basement of the theater and were limited to three bags believed to contain asbestos.

“While the complaint mentions other areas of the Rialto building where asbestos is located, those areas do not present a health concern and are not areas where IEPA has alleged a violation,” theater officials said in the statement. “In older buildings such as the Rialto, the safe method of dealing with asbestos used in a building’s construction is to leave the asbestos where it is located.”

Theater officials said the asbestos removal was being done as part of an ongoing HVAC renovation and replacement project.

“Since being notified of the asbestos violations, the Rialto has taken numerous safety steps, including testing the air in the theater and other areas of the building,” theater officials said. “The majority of those tests detected no asbestos. Only two tests each detected one strand of asbestos.

“By comparison, Illinois regulations set clearance testing for public schools to be less than 70 strands. In other words, if there has been 69 times the number of strands found, the tests would have shown the air was safe for public schools.”

Rialto officials said it their understanding that the complaint was filed as a routine matter so that an agreed order, which incorporates terms of the IEPA approval cleanup plan, can be entered in the case and enforced by the court. Theater leaders said they have provided such a plan to the IEPA and are awaiting approval of the plan.

“From the initial notification of the asbestos violation, the Rialto has made it clear that it desires to do what is necessary and required for the health and safety of those who come to the Rialto,” theater representatives said.

“The Rialto is committed to quickly resolving this matter and returning to full operations, confident that our efforts to ensure compliance will further solidify the Rialto Square Theatre as a safe and welcoming space for all,” they added.

Attorney General Raoul’s lawsuit seeks remediation of all asbestos contamination in accordance with state and federal laws and regulations before the theater is reopened.