Ezel / Agency Decisions / cent-85-80-m-alj
FMSHRC ALJ decision Docket CENT 85-80-M Decided September 9, 1985 Settled Judge Roy J. Maurer

IMCO Services

IMCO Services (FMSHRC CENT 85-80-M): Settlement approved for $809

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This order from 1985 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 1985
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 decision, not Commission precedent
This decision 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 binds the parties but 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

IMCO Services and the Secretary jointly moved to settle a civil penalty proceeding involving the Houma Barite Plant. The proposed penalty was $809, and IMCO Services agreed to pay the full amount. Judge Roy J. Maurer found the settlement appropriate under the Mine Act's penalty criteria. He ordered payment within 30 days and directed that the proceeding be dismissed after payment.

Decision snapshot

  • Cited provision(s): 30 U.S.C. § 815(d) and § 820(i).
  • Outcome: The settlement was approved for $809, payable within 30 days, with dismissal after payment.
  • Key point: The ALJ approved the full proposed penalty after reviewing the settlement representations and documentation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. IMCO SERVICES
DDATE:
19850909
TTEXT:

Page 2

~1389
Federal Mine Safety and Health Review Commission
Office of Administrative Law Judges

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. CENT 85-80-M
PETITIONER A.C. No. 23-01033-05501
v.
Houma Barite Plant

IMCO SERVICES,
RESPONDENT

                     DECISION APPROVING SETTLEMENT

Before: Judge Maurer

 These cases are before me upon petitions for assessment of

civil penalties under Section 105(d) of the Federal Mine Safety
and Health Act of 1977 (the Act). Subsequent to their opening
statements at the hearing on August 7, 1985 at London, Kentucky,
the parties jointly moved for approval of a settlement agreement
and dismissal of the cases. The violations in these cases were
originally assessed at a total of $809 and the Respondent has
agreed to remit the full amount. I have considered the
representations and documentation submitted in these cases, and I
conclude that the proffered settlement is appropriate under the
criteria set forth in Section 110(i) of the Act.

 WHEREFORE, the motion for approval of a settlement is

GRANTED, and it is ORDERED that Respondent pay a penalty of $809
within 30 days of this decision. Upon payment, these proceedings
are DISMISSED.

                                Roy J. Maurer
                                Administrative Law Judge

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