United Minerals, Inc. (ALJ decision, April 7, 1987)

Plain-English summary

United Minerals, Inc. faced eight violations at the Black Mountain Pit Mine. The original penalties totaled $469, but the Secretary proposed settlements totaling $405 after discovering that the Office of Assessments had calculated the penalties using an estimated 200,000 tons of coal production when the operator's actual 1986 production did not exceed 80,000 tons. Judge Paul Merlin accepted the Secretary's explanation and approved the reduced settlements. The operator was ordered to pay $405 within 30 days.

Decision snapshot

• Cited standards: The decision does not identify the individual standards for the eight violations.
• Outcome: The eight settlements were approved and the total penalty was reduced from $469 to $405.
• Key point: The penalty reduction reflected corrected information about the mine's production size.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. UNITED MINERALS INC.
DDATE:
19870407
TTEXT:

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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 87-36
PETITIONER
A.C. No. 12-01979-03503

v. Black Mountain Pit Mine

UNITED MINERALS, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENTS

Before: Judge Merlin

The Solicitor has filed a motion to approve settlements of the eight violations involved in this case. The total of the originally assessed penalties was $469 and the total of the proposed settlements is $405.

The Solicitor's motion discusses the violations in light of the six statutory criteria set forth in section 110(i) of the Federal Mine Safety and Health Act of 1977. The Solicitor represents that a reduction from the original assessments is warranted because the size of the mine was incorrectly stated by the Office of Assessments at the time of the original assessment. An estimated figure of 200,000 tons of coal for the year 1986 was used by the Office of Assessments to compute the penalties involved in the case. Reports submitted by the operator, however, show that the production of coal for its mine in 1986 did not exceed 80,000 tons of coal. The Solicitor accepts this information and represents that proposed settlements reflect the actual size of the operator.

The proposed settlements represent modest reductions from the original assessments. In light of new data regarding the operator's correct size and the other criteria set forth in section 110(i), I accept the Solicitor's representations and approved recommended settlements.

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Accordingly, the motion to approve settlements is GRANTED and the operator is ORDERED TO PAY $405 within 30 days of the date of this decision.

Paul Merlin
Chief Administrative Law Judge