Wilgar Land Company, Inc. (ALJ decision, August 18, 1993)

Plain-English summary

The Secretary sought civil penalties against Wilgar Land Company in two proceedings involving its No. 3 Mine. The parties proposed a settlement that reduced the penalty from $2,755 to $1,000. Judge Gary Melick approved the settlement and ordered payment in equal monthly installments beginning September 1, 1993.

Decision snapshot

• Cited standard(s): None stated in the decision.
• Outcome: The settlement was approved, the penalty was reduced to $1,000, and the cases were ordered dismissed after payment.
• Key point: The judge found the proposed settlement consistent with the Mine Act penalty criteria.

Full text (FMSHRC public release)

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 92-919 Petitioner : A.C. No. 15-10396-03557
v. :
: Docket No. KENT 92-920
WILGAR LAND COMPANY, INC., : A.C. No. 15-10396-03558 Respondent : No. 3 Mine

DECISION APPROVING SETTLEMENT

Appearances: Mary Sue Taylor, Esquire, Office of the Solicitor, U.S. Department of Labor,
Nashville, Tennessee, for Petitioner;
Barry Johns, Wilgar Land Company, Inc.,
Robinson Creek, Kentucky, for Respondent

Before: Judge Melick

These cases are before me upon petitions for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearings, the parties filed a motion to approve settlement agreement and to dismiss the cases. A reduction in penalty from $2,755 to $1,000 was proposed. I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlement is consistent with the criteria 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 $1,000 in equal monthly installments commencing on September 1, 1993, and continuing on the first day of each month thereafter until fully paid.

Gary Melick
Administrative Law Judge

Distribution:

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

Barry Johns, Wilgar Land Company, Inc., Box 266, Robinson Creek, KY 41560 (Certified Mail)

Robert Newsome, Wilgar Land Company, Inc., P.O. Box 2200, Robinson Creek, KY 41560 (Certified Mail)

\lh