Ezel / Agency Decisions / cent-2001-102-alj
FMSHRC ALJ decision Docket CENT 2001-102 Decided February 13, 2002 Settled Judge Irwin Schroeder

San Juan Coal Company

San Juan Coal Company (FMSHRC CENT 2001-102): Settlement approved with $23,500 penalty

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This order from 2002 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 2002
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ settlement order, not Commission precedent
This decision approved a settlement and became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

San Juan Coal Company agreed to resolve five alleged mine-safety violations, including one citation and four orders. The Secretary reduced the proposed special-assessment penalty from $36,000 to $23,500 after the parties agreed that the orders should be modified to citations and that mitigating conduct supported a lower penalty. Judge Irwin Schroeder approved the settlement as consistent with the Mine Safety Act and ordered payment within 30 days.

Decision snapshot

  • Cited standards: The decision does not identify the individual standards.
  • Outcome: The settlement was approved, the penalty was reduced to $23,500, and the petition was dismissed upon payment.
  • Key point: A settlement may modify enforcement orders and reduce the penalty when the agreed facts support less aggravated conduct and mitigating circumstances.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                        OFFICE OF ADMINISTRATIVE LAW JUDGES
                                  2 SKYLINE, Suite 1000
                                  5203 LEESBURG PIKE
                            FALLS CHURCH, VIRGINIA 22041

                                    February 13, 2002

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 2001-102
Petitioner : A.C. No. 29-01825-03553
v. :
:
SAN JUAN COAL COMPANY, :
Respo ndent : La Plata Mine

                      DECISION APPROVING SETTLEMENT

Before: Judge Schroeder

    This matter is before me on a Petition by the Secretary for the assessment of a Civil

Penalty for the alleged violation of mine safety regulations. The Petition alleged five violations
based on one citation and four orders issued by a mine safety inspector. The Secretary sought,
using the special assessment procedure, a total Civil Penalty of $36,000.00. Pursuant to my
prehearing order, the parties have discussed and agreed upon a settlement of this controversy
which they have submitted for my approval. Under t he proposed settlement, the parties have
agreed that the facts which would be demonstrated at a hearing show no aggravated conducted
was involved in the four Orders and that mitigating conduct was present in connection with the
citation. These facts would support the conclusion that the 104(d) Orders should be modified to
104(a) citations and that the 104(a) citation should warrant a lesser penalty. The Secretary has
agreed to accept a Civil Penalty reduced to $23,500.00 and the Respondent has agreed to pay the
reduced amount. I have reviewed the proposed settlement and find it is consistent with the Mine
Safety Act and is in the public interest. Therefore, it is

    ORDERED that the Motion to Approve Settlement is granted. The Respondent is

directed to pay a Civil Penalty of $23,500.00 within 30 days of the date of this Order. The parties
are to bear their own costs. Upon receipt of the Civil Penalty directed in this Order, the Petition
is DISMISSED.

                                         Irwin Schroeder
                                         Administrative Law Judge
                                         703-756-5232

                                             165

Page 2

Distribut ion:

Susan Meyercord Williams, Esq., Office of the Solicitor, U.S. Department of Labor, 525 South
Griffin St., Suite 501, Dallas, TX 75202

Charles W. Newcom, Esq., Sherman & Howard, LLC, 633 Seventeenth St., Suite 3000, Denver,
CO 80202

                                         166

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