# BILLMAX PROPERTIES/UPRIGHT WRECKING
> **Administrative - Formal** · FY1998 · — · Final Order With Penalty
## Case
- **Activity ID:** `31143`
- **Case Number:** 05-1998-0557
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $10K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- BILLMAX PROPERTIES (complaint) (settlement)
- BILLMAX PROPERTIES/UPRIGHT WRECKING (complaint)
- MCNICHOLA SITE
- UPRIGHT WRECKING (complaint) (settlement)
## Summary

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

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