B & M Sand & Gravel Company (ALJ decision, January 5, 1990)

Plain-English summary

B & M Sand & Gravel Company was involved in a civil penalty proceeding concerning its Ennis Plant. The Secretary moved to approve a settlement, vacate Citation No. 3281506, and reduce the penalty for the remaining citations from $1,075 to $806.25. Judge Gary Melick found the settlement appropriate under the Mine Act's penalty criteria. The settlement was approved, the citation was vacated, and the company was ordered to pay $806.25 within 30 days.

Decision snapshot

• Cited standard(s): 30 U.S.C. § 815(d) and 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, Citation No. 3281506 was vacated, and the remaining penalty was reduced to $806.25.
• Key point: The Judge approved the proposed settlement after reviewing the parties' representations and supporting documentation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. B & M SAND & GRAVEL
DDATE:
19900105
TTEXT:

Page 2

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. CENT 89-159-M
PETITIONER
A.C. No. 41-03455-05504

v. Ennis Plant

B & M SAND & GRAVEL COMPANY,
RESPONDENT

DECISION

Appearances: Mary E. Witherow, Esq., Office of the Solicitor, U.S. Department of Labor, Dallas, Texas for Petitioner;
W. A. Keith, Dallas, Texas for Respondent.

Before: Judge Melick

This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearings Petitioner filed a motion to approve a settlement agreement and to dismiss the case. The Secretary moved to vacate Citation No. 3281506 and proposed a reduction in penalty from $1,075 to $806.25 for the remaining citations. I have considered the representations and documentation submitted in this case, 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 settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $806.25 within 30 days of this order.

Gary Melick
Administrative Law Judge