Chicago – Attorney General Kwame Raoul today announced his office obtained a preliminary injunction in his office’s lawsuit against Go Glen Ellyn Two LLC, Burdi Custom Builders Inc. and Concrete Construction Company over the alleged improper removal and handling of materials containing asbestos during a demolition project at the former America’s Best Value Inn located in Glen Ellyn, Illinois.
The injunction requires the defendants to implement an approved asbestos remediation plan at the site and to take steps to ensure the safety of workers and the general public. Specifically, within 21 days of the order being entered, the defendants must submit a summary report thoroughly detailing all asbestos removal and demolition activities. They are also required to provide a written statement agreeing to perform all future demolition activities in compliance with federal and state rules and regulations.
“Any construction project that includes removing materials containing asbestos must follow the law to ensure proper remediation, which is critical to protect both the health of workers and the general public,” Raoul said. “The agreed injunction will ensure safety protocols are in place with oversight by the Illinois EPA while asbestos remediation continues at the former hotel.”
Earlier this month, Raoul filed a lawsuit against the three entities alleging the defendants conducted unsafe demolition activities at the former America’s Best Value Inn, located at 677 Roosevelt Road in Glen Ellyn. Raoul’s lawsuit alleges demolition work at the facility began while asbestos-containing materials located in floor tiles, ducts, transite pipes and window glazing had not yet been remediated. 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 Illinois Environmental Protection Agency (IEPA).
“Illinois EPA received a citizen complaint of a building demolition in Glen Ellyn that included alleged improper asbestos removal and fugitive dust, which prompted Illinois EPA to request work be halted until an inspection could be completed,” said Illinois EPA Acting Director James Jennings. “The Agency’s inspection identified numerous violations of the Illinois Environmental Protection Act and the National Emissions Standards for Hazardous Air Pollutants for asbestos. The site has since been secured, and the matter was referred to the Office of the Illinois Attorney General for further enforcement action.”
After receiving a complaint regarding the demolition project, officials from the IEPA inspected the site and observed large amounts of demolition debris, including materials containing asbestos comingled with other debris. The debris appeared to be dry and exposed to the environment, without being covered by a tarp to prevent the release of asbestos fibers into the atmosphere. The site is located on a busy suburban thoroughfare in a highly populated area, close to a city park, restaurants, veterinary clinics and medical facilities.
Attorney General Raoul’s Environmental Enforcement Division, which enforces civil environmental laws, has recovered millions of dollars from polluters and required companies to undertake environmental improvement projects in communities impacted by pollution. Raoul encourages residents to report environmental justice and other environmental concerns to his office by emailing ej@ilag.gov.
Assistant Attorney General Kevin Garstka and Senior Assistant Attorney General Nancy Tikalsky are handling the case for Raoul’s Environmental Bureau.
