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Owners of a vacant mill in Springfield, Ill. face a $500-a-day penalty dating back two months for not dealing with asbestos on the site.
The penalty stems from an asbestos lawsuit filed by the Illinois Attorney General’s Office in August that claims inspectors found “substantial danger” to the public at the site.
Demolition work at the former Pillsbury Mills plant in Springfield has resulted in multiple violations of state and federal laws, including possible release of the toxic material into the air, the Illinois Environmental Protection Agency said in the asbestos complaint.
The lawsuit filed with the Illinois Attorney General’s Office against Pillsbury Mills LLC and Midwest Demolition asks that work be halted and the site secured until a clean-up plan using a licensed contractor is approved.
However, that failed to happen and now Sangamon County Circuit Judge John Madonia has held the owners of P. Mills LLC, Midwest Demolition Co. in civil contempt for failing to hire a company to clean up the asbestos and secure the property from outsiders. “Under the preliminary injunction, the defendants are to continue to ensure the site is secured,” Judge Madonia conveyed.
The asbestos lawsuit could result in hefty fines and penalties of up to $50,000, with an additional $10,000 per day for each day of violations as well as court fees.
Midwest Demolition partner, Joey Chernis, claims that company is not in a position to fund the expense of the asbestos removal demanded by environmental regulators. Chernis also alleges that Midwest should not be held completely responsible for the costs and for security issues at the vacant Pillsbury plant.
The 18-acre plant site has remained vacant since Cargill Corp. shut down operations in 2001. Pillsbury Mills operated the plant from 1929 to 1991. A status hearing is set for Dec. 7.
Note: The Illinois Attorney General’s office released a statement that confirmed an engineer firm has been hired to facilitate efforts in the proper asbestos cleanup and security for the abandoned plant and that inspectors have verified the asbestos is now contained. Further inspections are scheduled.
What Is Asbestos?
Occurring naturally in the environment in soil and rocks, asbestos is a group of minerals that are resistant to heat and fire and do not conduct electricity. Because of this, manufacturers began incorporating the material on a massive scale into products in the late 1800s.
Asbestos products were used to insulate everything from factories to schools, homes, and ships. You could also find the substance in automobile parts, roofing shingles, ceiling and floor tiles, and cement.
Asbestos is a strictly regulated material in the United States because exposure to it could result in devastating medical conditions including asbestos lung cancer.
Link Between Asbestos and Lung Cancer
U.S. government agencies recognized the direct link between asbestos and lung cancer years ago, and have banned many uses of the dangerous material. However, you can still find asbestos in automotive products and in materials used in home building and construction, as well as in older buildings and water pipes.
In fact, the Occupational Health and Safety Administration has estimated that more than a million employees in construction and other trades continue to face significant asbestos exposure on the job.
Asbestos Exposure Risks
Individuals are exposed to asbestos primarily by inhaling fibers in an environment where asbestos has been disturbed, such as when mining and processing the material, making products that contain it, or installing insulation. These fibers can also be disturbed when older buildings are demolished or renovated.
Proper disposal includes wetting asbestos-containing materials during removal and ensuring it remains wet until it is collected and contained, or treated prior to going to a disposal site. According to the U.S. EPA, exposure to asbestos can lead to lung cancer, mesothelioma and other diseases. There is no known safe exposure level to asbestos.
Violation of asbestos regulations could result in hefty penalties and/or imprisonment.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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