“There Is Asbestos In The Plant All Over The Place”

By Gordon HopkinsEmails obtained by FJN indicate some city staff knew about the presence of asbestos in the city’s municipal power plant before the activities of a salvage company left the building contaminated with, and locals allegedly exposed to, asbestos.One of those staff members is the line superintendent. Another is a former city administrator who, FJN recently learned, signed an agreement prior to his departure not to discuss city matters. City Decides to Sell Obsolete MachinesThe power plant was shut down on February 28, 2021, because the city’s insurance carrier, Traveler’s Insurance, canceled coverage for the plant, citing “obsolete equipment.”In 2022, newly-hired City Administrator Jacob Matthews recommended selling the equipment. He said he believed the equipment could bring in as much as $120,000.Matthews emailed Fairbury Line Superintendent Nate Francis on July 28, 2022, “We actually need to put the equipment in the powerplant (sic) up for auction, but we can set the reserve to ensure we get the price we want.”Francis opposed going the auction route, responding, “I don’t really see that working out,” and calling the removal of the steam turbine a “major undertaking.”The superintendent wrote, “There is asbestos in the plant all over the place. We need a company that deals with scrapping out powerplants (sic).” Industrial Engineering SolutionsIndustrial Engineering Solutions (IES), a Texas-based company, offered $120,000 for three steam turbines, three generators, three condensers and one air compressor. The contract also agreed to follow all OSHA (Occupational Safety and Health Administration) guidelines.According to Mayor Brown, the initial contact was made by IES via telephone with Francis, “Initial conversation was an inquiry if we were interested in selling the equipment.”Mayor Brown did not know the date of the phone call but an email from IES to Francis on July 6, 2022, said, “Hey, James daniels owner of industrial engineering Solutions LLC good talking to you today nate.”Emails between IES and Francis also indicate both were aware of the presence of asbestos. An email from Francis to IES dated August 15, 2022, said, “James, I know I discussed with you, what if some of it may be attached to the boiler or pipes going around the turbine. What do you do about that part?”IES responded, “And any asbestos has to be hazmatted that is around the turbine ring, we are responsible for that.” Working in the Power PlantIES began work in the power plant on October 13, 2022, using locals recruited in Fairbury.According to those locals, who have asked to remain anonymous on advice of legal counsel and for fear of reprisals, they spent several weeks cutting up insulation. The workers allege they were never told about the presence of asbestos. When asked if they knew about the asbestos, the workers said, in a written statement approved by their attorney, “No we were not and in fact we were told multiple times that there wasn’t asbestos in the building.”The workers said they were not provided with respirators by IES, which the EPA (Environmental Protection Agency) requires when working with asbestos.The workers also pointed out that both the mayor and superintendent Francis visited the building multiple times while work was ongoing and saw they were working without respirators.On December 12, 2022, the workers said they arrived at the power plant to find IES had left town without paying their last two weeks of wages.Apart from a $12,000 down payment, IES did not pay the balance owed to the city. The city has since sued IES and received a $144,000 judgment but has not collected any of that judgment as of press time. Testing for AsbestosAsbestos is a known carcinogen and, according to the EPA, exposure to asbestos increases the risk of developing lung disease, including asbestosis and mesothelioma. However, the EPA also notes, “Disease symptoms may take many years to develop following exposure.”In February of 2023, an Asbestos Management Inspector conducted an asbestos inspection survey of the power plant at the request of Mayor Brown. A report was sent to the city on February 23. The report states a lab identified asbestos in all 23 samples the inspector took. Asbestos insulation was found on numerous pipes and in loose debris throughout the building.FJN obtained the survey as part of a public records request. The city did not make it public. When asked why he did not inform the public about asbestos in the power plant, the mayor said, on August 27, 2023, “For what reason? I would of assumed that IES notified their staff of it or the potential of it.”The mayor added, “City staff was notified.” Response from City OfficialsWhen asked on October 1 of this year about what he saw when he visited the power plant, Mayor Brown reiterated that he did not know there was asbestos in the building, “I am not the contractor. My line superintendent is not the contractor. It was the contractor’s responsibility to know what is asbestos, not asbestos, and what precautions to take and to complete the job.”The mayor added, “I would not knowingly and willfully put people into a known dangerous situation.”Matthews now works as City Administrator for Lake City, Iowa. FJN reached out to him via email and asked if he ever informed the city about the asbestos. He responded, “I have previously and respectfully requested that you stop reaching out to me regarding matters involving the City of Fairbury. I must again emphasize that I have no comments to offer on Fairbury’s municipal affairs or any other matters pertaining to that city. I will not provide any statements from my official Lake City e-mail address for matters regarding other cities, nor will I ever provide any statements regarding a previous employer or anyone associated with previous employers.”Matthews was let go from his job as City Administrator without explanation after just 57 days on the job. The announcement came Friday, September 9, 2022. Prior to his departure, Matthews signed a “Separation Agreement And Comprehensive Waiver and Release,” which prohibits him from discussing city matters.FJN asked Superintendent Francis if he informed the city of asbestos in the power plant. As of press time, he has not responded. FJN also reached out to City Attorney Kurth Brashear for a statement. He also has not responded.

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