EPA v. BILLMAX PROPERTIES/UPRIGHT WRECKING

Case 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 INSPECTION AND NOTIFY THE AGENCY OF THE DEMOLITION PRIOR TO COMMENCING THE DEMOLITION. THE SETTLEMENT THAT WE HAVE REACHED IS WITH ONLY ONE RE- SPONDENT, BILLMAX PROPERTIES. AS TO UPRIGHT WRECKING, WE HAVE FILED A DEFAULT MOTION AND ARE AWAITING A RULING ON THAT MOTION. THERE ARE TWO RESPONDENTS INVOLVED IN THIS MATTER. BILLMAX PROPERTIES ENTERED INTO A CACO WITH U.S. EPA. THEY PAID THE FINE IN FULL ON FEBRUARY 9, 1999. THEREFORE, THEY HAVE MET ALL THE TERMS OF THE CACO AND THE CASE SHOULD BE CLOSED AGAINST THEM. THE CASE AGAINST UPRIGHT WRECKING IS STILL PENDING.

Defendants (4)

• BILLMAX PROPERTIESNamed in complaintNamed in settlement
• UPRIGHT WRECKINGNamed in complaintNamed in settlement
• BILLMAX PROPERTIES/UPRIGHT WRECKINGNamed in complaint
• MCNICHOLA SITE

Facilities (1)

• BILLMAX PROPERTIES

  31555 W. 14 MILE RD STE 101, FARMINGTON HILLS, MI, 48334

  Registry ID: 110010628730

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• BILLMAX PROPERTIES/UPRIGHT WRECKINGentered 1999-01-25

  Primary law: CAA

  Federal penalty: $10,000

Timeline (4 milestones)

• 1998-09-25Complaint Filed/Proposed Order
• 1998-09-29Enforcement Action Data Entered
• 1999-01-25Final Order Issued
• 1999-02-23Enforcement Action Closed