Quarto Mining Company (ALJ decision, January 5, 1981)

Plain-English summary

MSHA sought a penalty against Quarto Mining for an alleged violation of a dust control plan provision at its Powhatan No. 7 Mine. Assistant Chief Judge Paul Merlin found that an earlier decision had held the same plan provision invalid. He treated that ruling as controlling, vacated the citation, and dismissed the penalty petition. The Commission later ended its directed review of this docket without ruling on the dust plan issue.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.316.
• Outcome: Citation No. 1008730 vacated and penalty petition dismissed; no penalty assessed.
• Key point: An earlier ruling that the same dust plan provision was invalid disposed of this citation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. QUARTO MINING
DDATE:
19810105
TTEXT:
~67
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
Civil Penalty Proceeding
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 80-311
PETITIONER
A/O No. 33-02024-03093
v.
Powhatan No. 7 Mine
QUARTO MINING COMPANY,
RESPONDENT

DECISION

This case consists of a petition for the assessment of a civil penalty for one alleged violation of the Act. The operator has filed a motion to dismiss the proceeding and the Solicitor has filed a memorandum in opposition to the respondent's motion. For the reasons which follow respondent's motion is hereby GRANTED.

Citation 1008730 was issued for an alleged violation of 30 CFR 75.316. On September 8, 1980 a hearing was held in Secretary of Labor v. Nacco Mining Company, Quarto Mining Company and The North American Coal Corporation, LAKE 80-251, et al. in which the same provision of respondent's dust control plan at issue in this citation was litigated. In those cases a decision dated September 22, 1980 held invalid this provision of the dust control plan. The decision in LAKE 80-251 is dispositive of this citation.

ORDER

Citation 1008730 is hereby VACATED and the petition to assess a civil penalty is hereby DISMISSED.

Paul Merlin
Assistant Chief Administrative Law Judge