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June 28, 2011

ATTORNEY GENERAL MADIGAN OBTAINS ORDER AGAINST CONTRACTOR TO CLEAN UP ASBESTOS CONTAMINATION

Companion Complaint Alleges Illegal Handling of Asbestos-Containing Materials at Historic Former Church

Chicago — A Yorkville company must remediate a contaminated worksite caused by alleged improper removal, handling and disposal of asbestos-containing roofing materials, according to Attorney General Lisa Madigan.

In Kendall County Circuit Court yesterday, Madigan obtained a preliminary injunction requiring Advanced Roofing, Inc., to cease further asbestos-related renovation at Chapel on the Green Historical Society in Yorkville and to implement the remediation plan that has been approved by the Illinois Environmental Protection Agency (IEPA). A licensed asbestos abatement contractor will do the work.

“There’s little margin for error when workers disturb building materials containing asbestos,” said Attorney General Madigan. “Laws to protect the public must be followed because there is no known safe level of exposure to asbestos.”

The IEPA referred the matter to Madigan’s office after it received a complaint earlier this month. The not-for-profit historical society hired Advanced Roofing to remove the existing roof and install a new roof at the building located on West Center St. An analysis of samples taken by the IEPA at the worksite confirmed the presence of asbestos.

Inspectors observed workers using shovels to place dry roofing materials in open wheelbarrows to be transported to an unlined dumpster for disposal. Asbestos-containing roofing material was scattered on the ground next to the building. The materials were not wetted properly to inhibit the release of asbestos fibers into the air.

A seven-count complaint against Advanced Roofing was filed by Madigan’s office simultaneously with the motion for preliminary injunction. Each count seeks the maximum statutory civil penalty of $50,000 per violation and an additional $10,000 for each day the violation continues. A status hearing on this case is set for Aug. 11, 2011.

Assistant Attorney General Thomas Shepherd is handling the case for Madigan’s Environmental Bureau in Chicago.

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