BOTH OWNER AND OPERATOR FAILED TO PRE-INSPECT AND NOTIFY AGENCY BEFORE THE DEMOLITION OF A BUILDING IN VIOLATION OF THE NESHAP ASBESTOS RULES. THE SETTLEMENT THAT WE HAVE REACHED IS WITH ONLY RESPONDENT, BILLMAX PROPERTIES. AS TO UPRIGHT WRECKING, WE HAVE FILED A DEFAULT MOTION AND ARE AWAITING A RULING ON THAT MOTION. IMPACT: ON JANUARY 25, 1999, A FULLY EXECUTED PARTIAL CONSENT ORDER ( CACO ) WAS FILED IN THE ADMINISTRATIVE PROCEEDING CAPTIONED IN THE MATTER OF BILLMAX PROPERTIES AND UPRIGHT WRECKING, DOCKET NO. 5-CAA-029-98. PURSUANT TO THE CACO, THE RESPONDENT, BILLMAX PROPERTIES ( BILLMAX ) MUST PAY A CIVIL PENALTY OF $10,000.00. THE COMPLAINT PROPOSED AN ASSESSMENT OF $20,020.00 CIVIL PENALTY AGAINST BOTH BILLMAX AND UPRIGHT WRECKING. ONLY BILLMAX WAS WILLING TO DISCUSS SETTLEMENT WITH THE AGENCY AT THIS TIME. DUE TO BILLMAX'S GOOD FAITH EFFORTS TO SETTLE THIS MATTER AND OTHER FACTORS BROUGHT TO LIGHT DURING NEGOTIATIONS, THE CIVIL PENALTY FOR BILLMAX WAS MITIGATED TO $10,000. REGION V WILL CONTINUE TO PURSUE THE OTHER RESPONDENT, UPRIGHT WRECKING FOR THE REMAINING PENALTY AMOUNT OF $10,020. REGION V HAS FILED A MOTION FOR DEFAULT AGAINST THE REMAINING PARTY AND IS AWAITING A RULING. THIS IS A NESHAP ASBESTOS CASE WHERE THE OWNER AND OPERATOR OF A DEMOLITION SITE FAILED TO INSPE