An Aurora apartment building has to be cleaned in accordance with a state Environmental Protection Agency-approved plan, according to the Illinois Attorney General’s Office, which recently obtained an injunction order in its lawsuit over possible asbestos exposure in the building.
Under the injunction order, all residents in the apartments also must be relocated, which the building’s owner says has already occurred.
In late February, the Illinois EPA was informed that renovation activities had occurred inside Fox Shore Apartments at 430 N. River St. in Aurora, according to the state agency. Fox Shore said renovation activities had been conducted in unoccupied units starting in December, but the Illinois EPA said it did not receive the notification required for projects that may disturb asbestos-containing material, such as removing “popcorn ceilings” and drywall.
Asbestos is a naturally occurring mineral found in certain rocks that was once commonly used in building materials, according to the Illinois EPA. Asbestos-containing material in good condition that’s left in place should not create health risks, the state agency said, but inhalation of microscopic asbestos fibers from material that crumbles, breaks or frays with little effort can cause health risks.
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According to the Illinois EPA, Fox Shore said after it started renovation work it received information confirming the presence of asbestos-containing material in the building and therefore disclosed the renovations. Fox Shore was advised by state EPA staff to stop work at the site until more information was gathered and assessed, per the state agency.
The Illinois EPA then inspected the building in early March, and inspectors confirmed that renovation work had disturbed asbestos-containing material. And, per the state EPA, cleanup efforts that had already begun were not sufficient to prevent the spread of contaminated dust or debris, so it instructed all work to stop until a “full, approved abatement and remediation plan” was in place.
The building has been owned by Fox Shore Preservation, L.P., which is affiliated with New York-based Essence Development, since last year, according to Kane County property tax records.
According to a statement from Fox Shore, the renovations included new kitchens, updated bathrooms, window replacements, mechanical system upgrades and common area and security improvements. The renovation work was being performed by Legacy Construction Services, LLC, per the Illinois EPA.
On May 14, the Illinois EPA approved a cleanup plan submitted by Fox Shore, the state EPA website stated. The Illinois EPA has said it will continue to oversee the remediation process.
It also required Fox Shore to temporarily relocate all of the building’s tenants, to protect tenants from potential exposure during the remediation efforts and ensure the building is safe for occupancy.
In response to a request for comment Friday, Fox Shore confirmed that all residents have been temporarily relocated, and that hotel stays, relocation stipends and moving costs for residents have been covered.
The state agency referred the matter to the Illinois Attorney General’s Office, which filed a complaint in late May against Fox Shore and Legacy Construction Services, Kane County circuit court records show.
The Attorney General’s Office is alleging that Fox Shore and Legacy Construction did not submit a written notice to the Illinois EPA prior to renovations beginning at the site, per a copy of the complaint provided on the Illinois EPA’s website. The office is also alleging that the owner and contractor “caused, threatened, or allowed the release of asbestos fibers, a known human carcinogen, into the environment,” and “created circumstances of substantial danger to the environment and the public health and welfare of Illinois’ citizens,” per the complaint.
Then, on Thursday, Illinois Attorney General Kwame Raoul announced that his office had obtained an agreed immediate and preliminary injunction order in his lawsuit against the property owner and construction company.
The order requires that Fox Shore clean the building according to an Illinois EPA-approved cleanup plan and temporarily relocate all building residents during the cleanup to “prevent any further exposure to asbestos fibers,” the Attorney General’s Office said in a news release Thursday.
“Asbestos is a dangerous carcinogen that – when mishandled – threatens the health of those who are exposed,” Raoul said in the release. “The agreed injunction order will ensure safety protocols are in place with oversight by the (Illinois EPA) while asbestos remediation continues, protecting both residents and workers.”
Residents will remain temporarily relocated until the Illinois EPA determines the asbestos has been addressed and that it’s safe for residents to return to their homes, per the Attorney General’s Office.
“The safety of our residents is our top priority,” Fox Shore said in a statement provided to The Beacon-News. “When asbestos was identified during renovation work in vacant units, we stopped construction immediately and self-reported to the Illinois EPA and the Illinois Attorney General’s Office.”
Fox Shore confirmed that remediation is proceeding under the Illinois EPA-approved plan, and that it is “working as quickly as possible to bring families home.”
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The next court date for the lawsuit is set for Sept. 15, per Kane County circuit court records.