Pyro Mining Company (ALJ decision, July 29, 1991)

Plain-English summary

Pyro Mining contested two orders and one citation arising at its Pyro No. 9 Slope, Wheatcroft Mine. The parties agreed to leave Order No. 3421655 in place while increasing its assessed penalty from $2,000 to $2,500. The Secretary also moved to vacate Order No. 3421656 and Citation No. 3419883, and the judge approved those terms. Judge Roy J. Maurer ordered Pyro Mining to pay $2,500 within 30 days, after which the civil penalty proceeding would be dismissed.

Decision snapshot

• Cited standards: None stated in the decision. The order cites the penalty criteria in 30 U.S.C. § 820(i).
• Outcome: The settlement was approved, one penalty was increased to $2,500, and one order and one citation were vacated.
• Key point: The approved settlement resolved the related contests by preserving one order, vacating two enforcement actions, and setting a $2,500 payment.

Full text (FMSHRC public release)

CCASE:
PYRO MINING v. SOL MSHA)
DDATE:
19910729
TTEXT:

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Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041
CONTEST PROCEEDINGS
PYRO MINING COMPANY,
CONTESTANT
Docket No. KENT 90-340-R
v. Order No. 3421655; 6/9/90

SECRETARY OF LABOR,
Docket No. KENT 90-341-R
MINE SAFETY AND HEALTH
Order No. 3421656; 6/9/90
ADMINISTRATION (MSHA),
RESPONDENT Docket No. KENT 90-343-R Citation No. 3419883; 6/12/90

Pyro No. 9 Slope, Wheatcroft Mine

Mine ID 15-13920

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 91-66
PETITIONER A. C. No. 15-13920-03684 v.
PYRO MINING COMPANY,
Pyro No. 9 Wheatcroft
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: W. F. Taylor, Esq., U. S. Department of Labor, Office of the Solicitor, Nashville, Tennessee, for the Secretary;
Robert I. Cusick, Esq., Louisville, Kentucky, for the Company.

Before: Judge Maurer

At the hearing, in Owensboro, Kentucky, on July 9, 1991, the parties jointly moved to settle these cases. They proposed to leave Order No. 3421655 (Docket No. KENT 90-340-R) as it is, and increase the assessed civil penalty from $2000 to $2500. The Secretary also moved, unopposed, to vacate Order No. 3421656 and Citation No. 3419883. I have considered the representations and

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documentation submitted in these cases, and I conclude that the proffered settlement, including the proposed vacation of the aforementioned order and citation is appropriate under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of their settlement is GRANTED, and it is ORDERED that the Pyro Mining Company pay a penalty of $2500 within 30 days of this Decision. Order No. 3421656 and Citation No. 3419883 are hereby VACATED. The above captioned contest proceedings have accordingly been rendered moot and are therefore DISMISSED. Upon payment of the civil penalty in full, the above captioned civil penalty proceeding is likewise DISMISSED.

Roy J. Maurer
Administrative Law Judge