Illinois AG announces injunction on Rialto Square Theatre cleanup in Joliet

The Illinois Attorney General’s Office on Friday announced an injunction that puts legal weight behind the asbestos cleanup already underway at the Rialto Square Theatre.

An attorney for the Rialto said the injunction will not delay plans to reopen the Joliet theater Oct. 22.

The injunction was issued Wednesday in Will County Circuit Court.

It follows a cleanup that began after the Rialto and the Illinois Environmental Protection Agency agreed on the cleanup plan Sept. 20.

The injunction is with the Will County Metropolitan Exposition and Auditorium Authority, the governmental body that oversees the Rialto.

“The injunction requires the authority to continue to implement an approved asbestos remediation plan at the historic theater and contains several requirements to ensure the safety of workers and the general public,” according to a news release from Attorney General Kwame Raoul’s office announcing the injunction.

The authority also must submit a report detailing the asbestos removal work that was done and what waste materials were collected and removed from the site. The injunction requires the Rialto to receive written approval from the IEPA before restarting any renovation or demolition activity.

Rialto management had closed the theater for an asbestos removal project in the basement before IEPA inspectors cited the Rialto on July 24 after finding three bags containing materials with asbestos left unsealed.

The violations led to an IEPA order stopping the asbestos removal project and forcing the theater to remain closed past its planned September reopening.

Rialto officials have repeatedly said that they are cooperating with the IEPA and that tests have not detected unsafe levels of asbestos fibers in the theater air.

Rialto attorney James Murphy said Friday that the court injunction “formalizes” the cleanup agreement made with the IEPA while also giving the state a recourse in the courts if it believes the Rialto is not meeting the terms of the agreement.

“It doesn’t have any impact on the planned Oct. 22 opening date,” Murphy said. “From what I know, everything is on target with the cleanup.”

The Illinois Attorney General’s Office in September filed a lawsuit in Will County against the authority and two contractors hired for the asbestos removal project, R. Berti & Son Contractor Inc. in Joliet and Universal Asbestos Removal Inc. in Lemont.

The lawsuit alleges that the renovation work being done at the theater in July was unsafe and that asbestos-containing materials were improperly handled.