Pyro Mining Company

Plain-English summary

Pyro Mining Company, with Costain Coal Incorporated identified as successor-in-interest, faced a civil penalty proceeding for Pyro No. 9 Slope. The parties proposed a settlement that reduced the penalty from $1,500 to $1,200. Judge Gary Melick found the settlement appropriate under the Mine Act penalty criteria, approved it, and ordered payment of $1,200 within 30 days.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved and the civil penalty was reduced from $1,500 to $1,200.
• Key point: The judge approved the negotiated penalty after considering the parties' representations and documentation under the statutory penalty criteria.

Full text (FMSHRC public release)

CCASE:
MSHA V. PYRO MINING COMPANY, Respondent
COSTAIN COAL INCORPORATED,
Successor-In-Interest
DDATE:
19921016
TTEXT:

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SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 91-190
Petitioner : A.C. No. 15-13881-03749
v. :
: Pyro No. 9 Slope
PYRO MINING COMPANY, :
Respondent :
:
COSTAIN COAL INCORPORATED, :
Successor-In-Interest :

              DECISION APPROVING SETTLEMENT

Appearances: Stephen D. Turow, Esq., Office of the
Solicitor, U.S. Department of Labor,
Arlington, Virginia,for the Petitioner;
Catherine A. Lamey, Legal Affairs Manager,
Pyro Mining Company, Sturgis, Kentucky,
for the 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 hearing, Petitioner
filed a motion to approve a settlement agreement and to dismiss
the case. A reduction in penalty from $1,500 to $1,200 was
proposed. I have considered the representations and documen-
tation submitted in this case, including the representations
on the record at hearing, 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
$1,200 within 30 days of this order.

                          Gary Melick
                          Administrative Law Judge

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Distribution:

Stephen D. Turow, Esq., Office of the Solicitor,
U.S. Department of Labor, 4015 Wilson Boulevard, Arlington,
VA 22203 (Certified Mail)

Catherine A. Lamey, Legal Affairs Manager, Pyro Mining Company,
P.O. Box 267, Sturgis, KY 42459-0267 (Certified Mail)

Robert I. Cusick, Esq., Wyatt, Tarrant and Combs, Citizen Plaza,
Louisville, KY 40202 (Certified Mail)

/lh