Triple Elkhorn Mining Company (ALJ decision, May 28, 1987)

Plain-English summary

Triple Elkhorn Mining Company faced civil penalty proceedings in two dockets at its No. 2 Surface Mine. The parties proposed reducing the combined penalties from $1,866 to $1,500 and dismissing the cases after payment. Judge Gary Melick reviewed the parties' representations and documentation, approved the settlements, and ordered payment of $1,500 within 30 days.

Decision snapshot

• Cited provisions: None stated in this order.
• Outcome: The settlements were approved and $1,500 in penalties were assessed.
• Key point: The judge approved the reduced combined penalties after finding the settlements appropriate under the statutory criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. TRIPLE MINING
DDATE:
19870528
TTEXT:

Page 2

~974

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

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 87-44
PETITIONER A.C. No. 15-13508-03515

v. Docket No. KENT 87-45
A.C. No. 15-13508-03516
TRIPLE ELKHORN MINING
COMPANY,
No. 2 Surface Mine
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Carl W. Gerig, Jr., Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for the Petitioner;
Mr. Travis E. Miller, President, Triple Elkhorn Mining Company, Harold, Kentucky, for the Respondent.

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). At hearing, Petitioner filed motions to approve settlement agreements and to dismiss these cases. A reduction in penalties from $1,866 to $1,500 was proposed. I have considered the representations and documentation submitted, and I conclude that the proffered settlements are 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 penalties of $1,500 within 30 days of this order.

Gary Melick
Administrative Law Judge