Norton Crushed Stone (ALJ decision, September 16, 1997)

Plain-English summary

Norton Crushed Stone and Marvin D. Carlisle faced four Mine Act civil penalty proceedings involving the Norton Development and Tull Pit operations. The parties asked the judge to approve a settlement reducing the total penalties from $48,306 to $22,153. Judge Avram Weisberger found the settlement appropriate under the Mine Act penalty criteria and approved it. The order required $2,017 within 30 days, followed by 23 monthly installments of $839.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815(d), 820(c), and 820(i)
• Outcome: The settlement was approved, the total penalty was reduced to $22,153, and payment was ordered in installments.
• Key point: The judge approved the parties' proposed penalty settlement after reviewing their representations and supporting documentation under the Mine Act criteria.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF A D M INISTRA TIV E LA W JUDGES 2 SK YLINE, 10 th FLOOR
5203 LEESBURG PIK E
FA LLS CHURCH, V IRGINIA 2 2 0 4 1

September 16, 1997

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. CENT 95-210-M
Petitioner
: A.C. No. 41-03813-05508
v. :
: Docket No. CENT 95-211-M
NORTON CRUSHED STONE,
: A.C. No. 41-03813-05509
Respondent
:
: Norton Development

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. CENT 97-49-M
Petitioner
: A.C. No. 41-03813-05512 A
v. :
:
MARVIN D. CARLISLE, employed by
: Norton Development
NORTON CRUSHED STONE,
:
Respondent
:
:
SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
: Docket No. CENT 97-50-M
ADMINISTRATION (MSHA),
: A.C. No. 41-03856-05506 A
Petitioner
: Tull Pit
v. :
:
MARVIN D. CARLISLE, employed by
:
NORTON CRUSHED STONE,
:
Respondent
:

DECISION

Appearances: Robert A. Goldberg, Esq., Mary K. Schopmeyer, Esq., Office of the Solicitor, U.S. Department of Labor, Dallas, Texas, on behalf of the Complainant;
Hugh E. Hackney, Esq., Fulbright & Jaworski, Dallas, Texas, for the Respondents.

Before: Judge Weisberger

Page 2

These cases are before me upon petitions for assessment of civil penalty under Section 105(d) and 110(c) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a motion to approve settlement agreement and to dismiss the cases. A reduction in total penalties from $48,306 to $22,153 is proposed. 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 settlement is GRANTED, and it is ORDERED that Tom E. Norton Jr., on behalf of Norton Crushed Stone, the Respondent operator, and on behalf of Marvin D. Carlisle, the agent of the operator, shall pay a total penalty of $22,153 as follows:

1. $2,017 is to be paid within 30 days of this decision.

2. An installment payment of $839 shall be paid by August 22,
   1997, and remaining installments of $839 each shall be paid
   on or before the same day of each successive month until all
   23 remaining installments have been paid.

                                               Avram Weisberger
                                            Administrative Law Judge
   

Distribution:

Robert A. Goldberg, Esq., Office of the Solicitor, U.S.
Department of Labor, 525 S. Griffin Street, Suite 501, Dallas, TX 75202 (Certified Mail)

Hugh E. Hackney, Esq., Fulbright & Jaworski, L.L.P., 2200 Ross Avenue, Suite 2800, Dallas, TX 75201 (Certified Mail)

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