Building owner accused of mishandling asbestos and putting others at risk

Milwaukee, WI – An environmental criminal case is being considered against a property owner of an apartment building near Green Bay.

Last week, a search warrant was unsealed in federal court that claims Michael D. Phillips had asbestos removed illegally from the building, which he co-owns with another person. The other owner, Perry A. Petta, isn’t mentioned in the warrant, however, because the document states that Mr. Phillips was in charge of the asbestos removal, which happened last year.

He faces the possible charge of violating the Clean Air Act, a transgression which carries with it a fine and a maximum of five years in jail.

According to the warrant, Mr. Phillips threatened to evict tenants who had complaints about his methods of abatement, an allegation which he strongly denies.

In January, health officials ordered that the 20-apartment building be evacuated and closed from public use.

Mr. Phillips said he purchased the property in 2006 as an investment. He said that if he knew the building contained asbestos before he bought it, he wouldn’t have gone through with it. He added that he had never conducted asbestos checks on any of the buildings he owns because since the bank which helped finance his purchases never required them, he didn’t think the checks were important.

The asbestos was discovered in August of last year after Mr. Phillips hired a company to replace the heating system in the building.

The warrant quotes many tenants and workers who said he ignored safety guidelines for asbestos removal. An incident was cited in which asbestos dust from a pipe being replaced showered down on unprotected workers.

The prosecutor in the case said an investigation was still underway and that no one had been charged yet.

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