Blue Circle, Incorporated (ALJ decision, July 15, 1998)

Plain-English summary

Blue Circle, Incorporated faced five consolidated civil penalty proceedings at its Tulsa Plant. On remand, the parties proposed modifying and vacating certain citations and reducing the total penalties. Judge Gary Melick found the settlement acceptable under the Mine Act penalty criteria, approved it, and ordered Blue Circle to pay $8,848 within 30 days. The order did not list the individual citation changes.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815(d) and 820(i)
• Outcome: The settlement was approved and an $8,848 penalty was ordered across five dockets.
• Key point: The ALJ approved a remand settlement that changed some citations and reduced the overall penalty without detailing each modification in this release.

Full text (FMSHRC public release)

FED ERA L M INE SA FETY A ND HEA LTH REV IEW COM M ISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, SUITE 1000
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

July 15, 1998

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. CENT 97-154-M
Petitioner
: A.C. No. 34-00026-05597
v. :
: Docket No. CENT 97-155-M
BLUE CIRCLE, INCORPORATED,
: A. C. No. 34-00026-05598
Respondent
:
: Docket No. CENT 97-156-M
: A. C. No. 34-00026-05599
:
: Docket No. CENT 97-157-M
: A. C. No. 34-00026-05600
:
: Docket No. CENT 97-158-M
: A. C. No. 34-00026-05601
:
: Tulsa Plant

DECISION ON REMAND APPROVING SETTLEMENT

Before: Judge Melick

These cases are before me upon petitions for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a motion to approve a settlement agreement and to dismiss the cases. Modification and vacation of certain citations and a reduction in overall penalties to $8,848.00, have been proposed. I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlement is acceptable 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 $8,848.00, within 30 days of this order.

Gary Melick
Administrative Law Judge

Distribution:

Mary K. Schopmeyer, Esq., Office of the Solicitor, U.S. Dept. of Labor, 525 South Griffin St., Suite 501, Dallas, TX 75202

Daniel J. Haupt, Conference & Litigation Representative, U.S. Dept. of Labor, Mine Safety and Health Administration (MSHA), 1100 Commerce St., Room 4C50, Dallas, TX 75242

C. Gregory Ruffennach, Esq., 450 East 3rd Avenue, Durango, CO 81301

/mca

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