Joliet’s Rialto theater cleanup costs could reach $1 million

Getting the Rialto Square Theatre reopened has been a big challenge for the iconic Joliet venue for several weeks.

Paying for the asbestos problems that have kept the theater closed for nearly two months will be next major hurdle.

“I would not be surprised if it comes to $1 million,” Rialto attorney James Murphy said last week said when asked what kind of costs the theater faces.

Murphy said the Rialto does not expect to be stuck with the bill.

“The Rialto is between a rock and a hard place through no fault of its own,” Murphy said last week as the theater announced it would reopen on Oct. 22.

But who pays the bill and how still has to be sorted out between the Rialto and two contractors hired for the asbestos removal project at the theater in downtown Joliet.

The Illinois Attorney General’s Office named all three in a lawsuit that imposes hefty fines for asbestos removal violations found by state inspectors.

Defendants in the lawsuit are: the Will County Metropolitan Exposition and Auditorium Authority, the governmental body that oversees the theater; R. Berti & Son Contractor, the Joliet contractor hired to manage an asbestos removal project this summer; and Universal Asbestos Removal, a Lemont company specializing in asbestos removal and hired as a subcontractor for the Rialto job.

The lawsuit imposes fines of $50,000 for each violation of Illinois environmental law regulating asbestos, another $10,000 for each day the violations occurred, and all fees the state incurs for oversight of the remediation.

Beyond the state lawsuit, the Rialto also has the additional costs of hiring new contractors to conduct a cleanup throughout the building and test theater air to ensure asbestos fibers did not migrate.

“The Rialto should not have to pay for any of it,” Murphy said. “It should be covered by Universal and/or Berti.”

Universal and Berti did not return calls seeking comment for this story.

The project started in July as a planned asbestos removal in the Rialto basement in preparation for a future replacement of the theater’s HVAC system. Management scheduled a closure of the Rialto for July and August while asbestos was being removed and planned to reopen in September with shows already on the schedule.

The trouble started on July 24 when inspectors from the Illinois Environmental Protection Agency found three bags of asbestos-containing materials left unsealed in the basement.

The materials were dry, which was a violation of environmental regulations, the state lawsuit states.

The lawsuit also alleges that material containing asbestos was not wet when removed from pipes in the Rialto basement, another violation of environmental law.

Asbestos-containing materials are made wet during removal to reduce the possibility of fibers moving into the air and migrating through a building.

The IEPA stopped the project when finding the three unsealed bags. The project only resumed after the agency approved a cleanup plan for the entire theater building on Sept. 20.

The prolonged closure of the theater led to the cancelation of three shows and at least two weddings. Five other performances were rescheduled as was the Illinois Rock & Roll Museum Hall of Fame Induction Ceremony that was originally set for Oct. 20.

The Rialto is ready to resume show business on Oct. 22 after the entire theater is cleaned as a precaution against migrated asbestos fibers and air tests are completed.

The extended closure also has cost money because of lost revenue from cancelations and costs associated with rescheduling, said Rialto Executive Director Wade Welsh.

Ticket sales for shows booked and announced during the closure have been good, showing theater patrons and promoters have not been deterred by the asbestos problem, Welsh said.

“Overall, it’s been very positive,” he said. “Obviously, they feel the Rialto has been put in a tough situation. At the end of the day, the Rialto did nothing wrong.”