Ezel / Agency Decisions / kent-90-87-alj
FMSHRC ALJ decision Docket KENT 90-87, KENT 90-88, KENT 90-89 Decided November 20, 1990 Settled Judge James A. Broderick

Beech Fork Processing, Inc.

Beech Fork Processing, Inc. (FMSHRC KENT 90-87 and related dockets): Settlement approved at $8,000

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This order from 1990 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 1990
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

Beech Fork Processing faced penalties across three dockets involving 39 violations. The parties proposed reducing the total assessment from $10,123 to $8,000 because the operator was experiencing financial difficulties and might have been forced to stop operating if it had to pay the full amount. Judge James A. Broderick approved the settlement under the criteria in Section 110(i) of the Act. The operator was ordered to pay $1,000 on December 1, 1990, followed by $1,000 per month until the $8,000 total was paid.

Decision snapshot

  • Governing provision: 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved, reducing the total assessment to $8,000 with an installment schedule.
  • Key point: An operator's inability to pay can support a negotiated penalty settlement when considered under the statutory criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BEECH FORK PROCESSING
DDATE:
19901120
TTEXT:

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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. KENT 90-87
PETITIONER A.C. No. 15-16162-03542

      v.                           Docket No. KENT 90-88
                                   A.C. No. 15-16162-03525

BEECH FORK PROCESSING, INC.,
RESPONDENT Docket No. KENT 90-89
A.C. No. 15-16162-03526

                                   Beech Fork Mine No. 1

             DECISION APPROVING SETTLEMENT

Before: Judge Broderick

 On November 9, 1990, the parties filed a Joint Motion for

approval of a settlement reached by the parties in these cases.
The violations were originally assessed at $10,123 and the
parties propose to settle for $8000.

 The penalties for the twenty violations in Docket No. KENT

90-87, the agreement proposes to reduce from $5704 to $4288; the
penalties for the fourteen violations in Docket No. KENT 90-88
from $3315 to $2608; for the penalties for the five violations in
Docket No. KENT 90-89, originally assessed at $1104, the parties
agree that the amount originally assessed will be paid.

 The settlement is based on Respondent's inability to pay the

amounts originally assessed. The motion states that Respondent is
suffering financial difficulties, and might be forced to cease
operation if it were required to pay the full penalties.

 I have considered the motion in the light of the criteria in

section 110(i) of the Act, and conclude that it should be
approved.

 Accordingly, the settlement is APPROVED and Respondent is

ORDERED to pay the sum of $8000 as follows:

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$1000 on December 1, 1990, and $1000 per month thereafter until
the $8000 is paid in its entirety.

                          James A. Broderick
                          Administrative Law Judge

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