Mountaintop Restoration, Inc. (ALJ decision, March 29, 1993)

Plain-English summary

Mountaintop Restoration and the Secretary jointly moved to settle two civil-penalty proceedings, citing the company's financial condition. The proposed assessments totaled $10,954, and Judge Roy J. Maurer approved a settlement requiring $7,732 in 18 equal monthly installments. One citation was excluded because it had been issued to an independent contractor rather than Mountaintop Restoration. The cases were to be dismissed after the settlement was paid in full.

Decision snapshot

• Cited standard(s): None stated in the release.
• Outcome: The settlement was approved at $7,732, payable in 18 monthly installments, and the cases were to be dismissed after full payment.
• Key point: The judge approved a reduced settlement after considering the company's financial condition and the statutory penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. MOUNTAINTOP RESTORATION
DDATE:
19930329
TTEXT:

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 PROCEEDINGS
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. KENT 92-897
Petitioner
: A. C. No. 15-15684-03541 R
v. :
: Docket No. KENT 92-898
MOUNTAINTOP RESTORATION, INC., : A. C. No. 15-15684-03542 R
Respondent
: Mountaintop Restoration
: No. 2

DECISION APPROVING SETTLEMENT

Appearances: Darren L. Courtney, Esq., Office of the Solicitor, U. S. Department of Labor, Nashville, Tennessee, for the Secretary;
Danny Patton, Safety Director, Mountaintop Restoration, Inc., Paintsville, Kentucky, for Respondent.

Before: Judge Maurer

These cases are 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 the hearing, the parties jointly moved to settle these cases based primarily on the financial plight of the respondent on the following basis:

PROPOSED
PROPOSED
CITATION NO. ASSESSMENT SETTLEMENT

        3512086                  $   371              $   371
        3512087                      434                  434
        3512088                      434                  434
        3512089                      434                  150
        3512090                      434                  434
        3512091                      241                   20
        3512092                      434                  434
        3512093                      241                   20
        3512095                      371                  100
        3512096                      371                  371
        3512097                      434                  434
        3512098                      241                   20
        3512341                      371                  371
        3512342                      241                   20

      3512351                   371                 371
      3512352                   434                 434
      3512353                   371                 371
      3512354                   434                 434
      3512355                   371                 371
      3512356                   294                 294
      3817171                   227                  50
      3817172                   147                  50

3817179
147
(Footnote 1)
3817181 241 241
3817182 276 276
3817184 119 50
3817186 147 50
3817187 119 50
3817196 227 227
3517775 1785 750
9875791 192 50

TOTAL 10954 7732

I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlement is appropriate under the criteria set forth in section 110(i) of the Act.

WHEREFORE, respondent shall pay a total penalty of $7732 in 18 equal monthly installments of $429.56 each, beginning within 30 days of this order, and continuing until paid in full. Upon payment in full, these cases are DISMISSED.

Roy J. Maurer
Administrative Law Judge
___
1/ Citation No. 3817179 was actually issued to an independent contractor, a trucking company, and clearly marked as such. But somehow or other it was included with this group of citations that was assessed against this respondent. It simply does not apply to this respondent and I have ignored it in approving the settlement of these cases.

Distribution:

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

Mr. Danny Patton, Safety Director, Mountaintop Restoration, Inc., P. O. Box 940, Paintsville, KY 41240 (Certified Mail)

dcp