Ezel / Agency Decisions / kent-91-75-alj
FMSHRC ALJ decision Docket KENT 91-75 Decided December 15, 1992 Settled Judge Roy J. Maurer Transcribed from scan

Waste Coal Management, Inc.

Waste Coal Management, Inc. (FMSHRC KENT 91-75): Settlement approved and $70 assessed

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This order from 1992 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 1992
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 approving a settlement, 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Waste Coal Management, Inc. faced a civil penalty proceeding involving the Black Mountain Mine. The parties jointly asked Judge Roy J. Maurer to approve a settlement that reduced the proposed penalty from $273 to $70 and dismissed the case. The judge found the settlement appropriate under the Mine Act's penalty criteria and ordered the company to pay $70 within 30 days.

Decision snapshot

  • Cited provisions: 30 U.S.C. §§ 815(d) and 820(i)
  • Outcome: The settlement was approved and the proposed penalty was reduced from $273 to $70.
  • Key point: The judge approved the negotiated penalty reduction after considering the parties' representations and documentation.

Full text (FMSHRC public release)

~2065

      FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

             OFFICE OF ADMINISTRATIVE LAW JUDGES
                    2 SKYLINE, 10th FLOOR
                     5203 LEESBURG PIKE
                FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 91-75
Petitioner : A. C. No. 15-16323-03514
v. :
: Black Mountain Mine
WASTE COAL MANAGEMENT, INC., :
Respondent :

                DECISION APPROVING SETTLEMENT

Before: Judge Maurer

 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). The parties have filed a joint
motion to approve a settlement agreement and to dismiss the case.
A reduction in penalty from $273 to $70 is proposed. I have
considered the representations and documentation submitted in
this case, 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 $70 within
30 days of this order.
Roy J. Maurer
Administrative Law Judge

Distribution:

Joseph B. Luckett, Esq., Office of the Solicitor, U. S.
Department of Labor, 2002 Richard Jones Road, Suite B-201,
Nashville, TN 37215 (Certified Mail)

Mr. W. H. Crandall, President, Waste Coal Management, Inc.,
P. O. Box 590092, Birmingham, AL 35259 (Certified Mail)

dcp

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