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Lawsuit filed against Peoria bar for asbestos violation - State is

PEORIA - The Illinois Attorney General's Office has filed a lawsuit against a Downtown bar for violating asbestos laws while renovating the property last month.

The lawsuit against Sully's Bar and Grill, filed Tuesday in Peoria County Circuit Court, seeks the maximum civil penalty of $50,000 and an additional $10,000 per day for violating emissions standards for asbestos and air pollution.

On Sept. 29, an inspector from the Illinois Environmental Protection Agency found 17 55-gallon bags of insulation that contained asbestos in the basement of the Adams Street business.

Sully's owner, E & E Deli, immediately quit its renovation and began complying with the IEPA's safety requirements, said Scott Mulford, a spokesman for Attorney General Lisa Madigan's office.

The IEPA referred the case to the attorney general because state laws allegedly were broken.

"There were specific rules and regulations and laws dealing with clearly what is well known to be a dangerous substance," Mulford said. "People need to be careful and make sure qualified professionals access the structure, and (experts) make the removal."

Sully's was open for business Thursday, but it is unclear when it reopened. A woman who identified herself as a manager referred all questions to the business's lawyer, Gerald Brady, who could not be reached for comment Thursday evening.

The suit alleges E & E Deli failed to take steps to control the spread of asbestos, such as wetting asbestos-containing materials and sealing them in leak-tight containers with warning labels.

Also, the owner didn't notify the IEPA 10 days before beginning renovations, as state law dictates, and didn't have the building inspected for asbestos. Workers were not trained in asbestos removal, Madigan said in a statement.

"Sully's is a popular gathering place in Peoria, and the owner should have taken the safety of its customers and employes into account before tearing into asbestos," it said.

Air samples have revealed no problems in public areas of the restaurant, though a portion of the basement closed to the public remains sealed as decontamination work continues, according to the statement.

Asbestos, which was commonly used for insulation before its dangers were discovered, can cause lung cancer. It also causes mesothelioma, a cancer of the outside tissue of the lungs, and asbestosis, a disease where the lungs are scarred by the body's response to asbestos fibers that are inhaled and become trapped in the lungs.