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Fox Shore Apartments Aurora

INFORMATION ON RENOVATION ACTIVITIES AT 430 NORTH RIVER STREET APARTMENTS, POTENTIAL ASBESTOS EXPOSURE TO RESIDENTS, AND NEED FOR TEMPORARY RELOCATION

(Updated 5/18/2026)

The Illinois EPA is requiring the owners of Fox Shore Apartments to temporarily relocate all residents due to potential asbestos exposure and to allow Illinois-licensed asbestos professionals to safely clean and remediate the property. 

Illinois EPA inspectors have confirmed the building owner conducted renovation activities in unoccupied units in the building that did not follow proper asbestos remediation protocols, creating a risk of exposure to asbestos. Exposure to asbestos increases the risk of developing serious lung diseases and therefore residents must be relocated immediately for their protection. Residents will need to leave their belongings behind to be cleaned and de-contaminated. 

Site Location & Background

The Fox Shore Apartments, located at 430 North River Street in Aurora (Kane County), is a four story, 94-unit residential building. The property is owned by Fox Shore Preservation, L.P. (Fox Shore), which is a New York limited partnership. Renovation work at the building was being performed by Legacy Construction Services LLC, an Illinois contractor.

On February 25, 2026, Illinois EPA (Agency) was made aware that renovation activities had occurred inside the building. Fox Shore contacted the Agency and advised renovation activities had been conducted in unoccupied units, beginning in December 2025. Illinois EPA did not receive the required notification of renovation activities as required by the National Emission Standards for Hazardous Air Pollutants (Asbestos NESHAP) for projects that may disturb regulated asbestos-containing material (ACM). These renovations included the removal of materials such as acoustic ceiling texture (“popcorn ceilings”) and drywall, materials that can contain asbestos and, if disturbed, can release fibers and cause exposure. Fox Shore stated it had since received information confirming the presence of ACM in the building and disclosed the renovation activities. Fox Shore was advised by Illinois EPA staff that all work at the site should stop until more information could be gathered and assessed.

Illinois EPA inspected the building on March 3, 2026. Inspectors confirmed that renovation work had disturbed ACM within the building. While on site, inspectors encountered employees of EHC Industries, Inc. (EHC) who said they were subcontracted to clean units under renovation after Essence found out the units contained asbestos. The cleanup efforts that had begun were not sufficient to prevent the spread of contaminated dust or debris. Because asbestos fibers can pose a health risk when they become airborne, Illinois EPA instructed that all work stop until a full, approved abatement and remediation plan is in place. To see the complete inspection report, click here.

What is Asbestos?

Asbestos is a naturally occurring mineral found in certain rocks that was once commonly used in building materials, particularly before the mid-1970s and occasionally until the late 1980s. It was used because it is strong, fire-and-corrosion-resistant, and a good insulator.

If asbestos-containing material (ACM) is in good condition and left in place, it should not present health risks. However, if and when ACM is damaged or crumbling, or if a building is demolished, renovated, or remodeled, care must be taken to prevent the release of asbestos fibers into the air. Inhalation of microscopic asbestos fibers from friable ACM (ACM that crumbles, breaks, or frays with little effort) can cause health risks.

Because asbestos presents a significant risk to human health when released into the air, asbestos is considered a hazardous air pollutant regulated under the NESHAP regulations.

The Illinois EPA is the delegated authority to enforce the NESHAP for regulated asbestos during demolition, renovation, and disposal. This authority is managed by the Agency’s Asbestos Unit.

Current Action & Remediation

On May 14, 2026, the Illinois EPA approved the Project Design Plan which was submitted by Fox Shore detailing the full asbestos remidation. 

Due to the extent of renovation activity and the risk of asbestos contamination throughout the building, Illinois EPA is requiring Fox Shore to temporarily relocate all tenants so the property can be safely cleaned and remediated. A copy of the approved relocation plan provided by Fox Shore to the Illinois EPA, can be viewed by clicking here.  This is to protect tenants from asbestos exposure during remediation efforts and to ensure the building is safe for occupancy. Fox Shore has submitted the approved cleaning plan, which details the specifics of decontaminating residents' belongings. 

Fox Shore is responsible for hiring qualified state-licensed asbestos contractors and for ensuring all work complies with Illinois Department of Public Health regulations and the federal Asbestos NESHAP standards.

These workers must be properly trained and must wear protective gear while they are inside the building doing remediation work. Illinois EPA has instructed Fox Shore to not remove any equipment, tools, materials or other items from the building unless approved ahead of time by the Agency.

Illinois EPA will continue to oversee the remediation process to ensure the work is completed correctly and safely.

Once the Project Design Plan is submitted and approved, the Illinois EPA will post the plan on this website. 

Enforcement Referral

The Illinois EPA referred this enforcement action against Fox Shore to the Illinois Attorney General’s Office, citing violations of the Illinois Environmental Protection Act, the Asbestos NESHAP, and Illinois Pollution Control Board regulations. 

Role of the Illinois EPA and the Illinois Attorney General's Office 

The Illinois EPA is a state agency tasked with safeguarding environmental quality under state and federal environmental laws. The agency carries out this work through its regulatory authority, which includes evaluating and issuing permits for activities that may affect the environment, conducting inspections when potential environmental violations are reported, and, in the case of violations, working to get the violator back into compliance. Illinois EPA’s role is to make sure environmental rules are followed and any required cleanup is completed in accordance with those laws and standards. Most relevant to this case, Illinois EPA enforces the National Emissions Standards for Hazardous Air Pollutants for asbestos (Asbestos NESHAP), which includes strict requirements for building renovation projects that disturb at least 160 square feet of regulated asbestos-containing material. These requirements include work practices and emission controls to prevent the release of asbestos fibers from an area that is being renovated.

The Illinois Attorney General is the State’s chief legal officer and is responsible for protecting the public interest of the State and its people. The Illinois Attorney General has the authority to enforce applicable laws and advocate for Illinois residents in many matters, including areas such as consumer fraud, civil rights, and workplace rights. This case involves the Environmental Enforcement Bureau of the Attorney General’s Office, which represents state agencies in enforcing violations of environmental protection laws and regulations, including the Illinois Environmental Protection Act and the Asbestos NESHAP.

When Illinois EPA receives a report of an environmental violation, Illinois EPA conducts an initial investigation. If Illinois EPA determines immediate legal action is necessary, Illinois EPA refers the violation to the Attorney General’s Office to obtain a court order to put a stop to the harmful activity and require other actions necessary to stop the danger. The Attorney General’s authority to do this comes from Section 43(a) of the Illinois Environmental Protection Act, 415 ILCS 5/43(a). The Attorney General will also ask the court to impose a civil penalty on the entity for violating environmental protection laws (for more information, see Section 42 of the Illinois Environmental Protection Act, 415 ILCS 5/42.)

During this process, the Attorney General’s Office acts as Illinois EPA’s attorney in a lawsuit against the entity that has violated the law. Here, Illinois EPA has requested the Attorney General’s Office take legal action against the owner of Fox Shore Apartments for the improper disturbance of asbestos containing material during renovation activities. One of the purposes of the lawsuit is to ensure the owner safely addresses the asbestos in the building.

To meet this goal, the owner develops plans to decontaminate the property. Illinois EPA reviews those plans to ensure the cleanup complies with the law and meets environmental protection standards. Because asbestos can further be disturbed during the clean up, only licensed asbestos professionals can be present in the building during this process. Therefore, tenants must be relocated for their safety.

As a part of this process, the owner developed a relocation plan that included the cleaning of tenants’ belongings. Illinois EPA reviewed this plan for compliance with environmental protection laws. Notably, Illinois EPA does not have legal authority over any other landlord/tenant issues. This means that Illinois EPA can answer questions about whether the owner’s cleaning protocols will safely decontaminate residents’ clothing and other belongings from asbestos but is unable to address questions about the owner’s decisions about where to relocate tenants, the stipends they provided, and other landlord/tenant questions.

Residents may have legitimate concerns in areas that extend beyond Illinois EPA’s legal authority. For aid in determining whether to retain legal representation, residents may consider contacting the Illinois State Bar Association, the Kane County Bar Association, or Prairie State Legal Services. Additionally, the Illinois Attorney General has a website with a list of other lergal assistantce organizations. 

Questions & Answers

How can I stay updated on current activities and the updated plans?

The Illinois EPA will continue to update the website as new information is released. If you would like to be added to a mailing list to be notified as details are released, send an email with the subject line stating ‘Fox Shore Apartments’ to epa.contactus@illinois.gov. 

Who should residents contact if they have questions on the relocation plan?

Residents should contact Gabriella Rossi, Director of Operations & Community Engagement for Fox Shore, grossi@essencedev.com, (848) 391-4391. 

Where was the disturbed asbestos located?

Illinois EPA confirmed that renovation work disturbed regulated ACM in vacant apartments on all four residential floors. Due to the possibility of migration of asbestos fibers from this work, Illinois EPA is requiring that the entire building be inspected and remediated.

Why do I need to be relocated during remediation if asbestos in my unit wasn’t disturbed?

Even if asbestos wasn’t disturbed in your specific unit, all tenants must be temporarily relocated because renovation activities elsewhere in the building may have released asbestos fibers into shared areas. Hallways, elevators, and other common spaces can allow dust and fibers to travel between units, even if your unit appears unaffected. To properly clean and remediate the building, Illinois-licensed asbestos professionals need full access to all units and common areas, and no residents can be present during this work. Vacating the whole property ensures that no one is exposed during cleanup, allows contractors to safely reach all potentially contaminated areas, and ensures the building can pass clearance testing before anyone returns.

Can I retrieve any essential belongings I left behind when relocated?

No. Once the building has been vacated, no one other than Illinois Department of Public Health (IDPH)-licensed asbestos professionals will be allowed to enter the building. Fox Shore will provide on-site de-contamination of any personal belongings that will be needed by residents in temporary housing. All other belongings should be left behind to be cleaned and de-contaminated. 

What will happen to my belongings I leave behind and apartment during abatement? 

Fox Shore must hire professional asbestos remediation staff to clean the apartment and your belongings left behind. Clothing, fabrics including window coverings, and other launderable materials left behind in units will be gathered, laundered, cleaned and stored for return to owners following completion of cleaning activities. All other surfaces will be cleaned in the appropriate asbestos-removal procedures.

Any perishable food items left will be disposed of.  

Have I been exposed? What are the current health hazards?

The Illinois EPA and Attorney General’s Office have coordinated with the Illinois Department ofPublic Health (IDPH) to provide residents with information for steps to take after possible asbestos exposure. The IDPH encourages residents with potential asbestos exposure related to improper renovation activities to obtain a medical evaluation from their doctor or a clinic that specializes in environmental medicine. The IDPH has provided the following for residents:

What are the general risks of asbestos exposure?
Exposure to asbestos increases the risk of developing serious lung diseases, and that risk is made worse by smoking. The greater and longer the exposure, the higher the chance of harmful health effects. Symptoms of asbestos-related illness can take many years to appear, and these conditions can be difficult to diagnose. Healthcare providers typically identify potential asbestos exposure by reviewing a person’s medical, work, and environmental history, and may use tools such as physical exams, chest X-rays, or lung function tests. Major health effects linked to asbestos exposure include lung cancer, mesothelioma (a rare cancer of the lining of the lungs and abdomen), and asbestosis (a long-term, progressive lung disease). These health risks occur only when asbestos fibers are inhaled; swallowing fibers is not known to cause health effects.

Does the Illinois EPA have plans to remediate the asbestos contamination at the apartment complex in the near future?

The responsible party, Fox Shore, must hire an approved, Illinois-licensed asbestos contractor, that will perform remediation, although a plan must first be submitted to and approved by the Illinois EPA.

Is there a timeline for working to address the issue? What are the steps involved in handling this problem?

Fox Shore must submit an approvable plan to remediate the contamination before a timeline can be constructed.  Fox Shore must hire an approved, licensed asbestos contractor to perform remediation and remaining abatement. Sampling and aggressive air clearance testing will then be performed to verify it is properly abated. The Agency will continue to provide updates on remediation on its website.  

What are the current on-site activities? What is the progress of the cleanup?

Residents should be relocated from the premises with all construction halted. Illinois EPA is awaiting the approvable plan from Fox Shore. 

What should residents do if their concerns involve issues outside of the Illinois EPA’s authority? 

Residents may have legitimate concerns in areas that extend beyond Illinois EPA’s legal authority. For aid in determining whether to retain legal representation, residents may consider contacting the Illinois State Bar Association, the Kane County Bar Association, or Prairie State Legal Services. Additionally, the Illinois Attorney General has a website with a list of other lergal assistantce organizations. 

Documents & Resources

Contact Information:

Illinois EPA

Illinois Attorney General's Office