# BEN'S TRUCK & EQUIP., P & M CEDAR PRODS. > **Judicial** · FY1984 · — · Final Order With Penalty ## Case - **Activity ID:** `52057` - **Case Number:** 09-1984-0014 - **Type:** Judicial - **Lead:** EPA - **Outcome:** Final Order With Penalty - **Penalty assessed:** $45K - **Cost recovery:** — - **Compliance action $:** — - **Multimedia (multi-env):** N ## Defendants - BEN'S TRUCK & EQUIPMENT INC. (complaint) (settlement) - P & M CEDAR PRODUCTS INC. (complaint) (settlement) ## Summary THE LITIGATION INVOLVES A CIVIL ACTION AGAINST AN AS- BESTOS REMOVAL CONTRACTOR, BEN'S TRUCK AND EQUIPMENT INC., AND AGAINST P & M CEDAR PRODUCTS, INC., THE OWNER OF THE SITE WHERE AN ASBESTOS REMOVAL OPERATION HAS BEEN PERFORMED THE DEMOLITION AND OPERATION BEGAN, WITHOUT PRIOR NOTI- FICATION, APPROXIMATELY ONE AND ONE HALF YEARS AGO. EPA DID NOT DISCOVER THE ASBESTOS REMOVAL OPERATION UNTIL JULY 25, 1984. ASBESTOS CONTAINING MATERIALS HAD BEEN LEFT ON AN APPROXIMATELY TWO ACRE AREA WHERE ASBESTOS HAD BEEN STRIPPED FROM A BOILER AND PIPES THAT HAD BEEN REMOVED FROM THE OLD BOILER ROOM OF AN ABANDONED LUMBER MILL. THE DEFENDANTS HAVE VIOLATED APPLICABLE REQUIREMENTS REGARDING PRIOR NOTIFICATION TO EPA OF AN ASBESTOS DEMOLI- TION AND REMOVAL OPERATION, REQUIREMENTS REGARDING THE PRO- CEDURES FOR EMISSION CONTROL WHILE CONDUCTING DEMOLITION OPS AND REQUIREMENTS FOR WASTE DISPOSAL FOR DEMOL. OPERATIONS. THIS REFERRAL IS BASED ON INSPECTIONS CONDUCTED ON JULY 26 AND 30TH, 1984 BY THE SISKIYOU COUNTY AIR POLLUTION CON- TROL DISTRICT (SCAPCD). A FOLLOWUP INSPECTION WAS CONDUCTED BY NEIC ON NOVEMBER 1, 1984 TO DETERMINE WHETHER AN IMMINENT ENDANGERMENT EXISTS FROM THE OPERATION AND THUS, WHETHER AN IMMEDIATE ACTION TO RESTRAIN THE OPERATION PURSUANT TO SECT. 303 OF THE CLEAN AIR ACT SHOULD BE INITIATED. A PRELIMINARY SUMMARY OF THAT INSPECTION INDICATES THAT THE SITE HAS BEEN CLEANED UP, LEVELED AND GRADED, THEREFORE --- *Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*