Old Ben Coal Company and Zeigler Coal Company (ALJ decision, January 15, 1992)

Plain-English summary

Old Ben Coal Company and Zeigler Coal Company faced consolidated civil penalty proceedings involving Old Ben's No. 24, No. 25, and No. 26 Mines and Zeigler's Murdock Mine and No. 11 Mine. Judge Avram Weisberger severed the cases from a larger docket so they could be decided separately, then considered the parties' settlement motion after a hearing on another matter. The settlement reduced the proposed penalties from $3,443 to $1,391. The judge approved the settlement and ordered payment of $1,391 within 30 days.

Decision snapshot

• Cited provisions: 30 U.S.C. §§ 815(d) and 820(i)
• Outcome: The settlement was approved, and the total proposed penalties were reduced from $3,443 to $1,391.
• Key point: The ALJ approved the negotiated reduction after considering the parties' representations and supporting documentation under the Mine Act's penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. OLD BEN COAL
DDATE:
19920115
TTEXT:

Page 2

~150

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. LAKE 91-721
PETITIONER
A.C. No. 11-00589-03791
v.
Docket No. LAKE 91-754
OLD BEN COAL COMPANY,
A.C. No. 11-00589-03797
RESPONDENT
Docket No. LAKE 92-3
A.C. No. 11-00589-03798

No. 24 Mine

Docket No. LAKE 91-685
A.C. No. 11-02392-03835

No. 25 Mine

Docket No. LAKE 91-487
A.C. No. 11-00590-03834

Docket No. LAKE 91-686
A.C. No. 11-00590-03837

Docket No. LAKE 91-724
A.C. No. 11-00590-03845

No. 26 Mine

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. LAKE 91-718
PETITIONER
A.C. No. 11-00586-03655
v.
Docket No. LAKE 91-748
ZEIGLER COAL COMPANY,
A.C. No. 11-00586-03656
RESPONDENT
Docket No. LAKE 91-796
A.C. No. 11-00586-03658

Murdock Mine

Docket No. LAKE 91-728
A.C. No. 11-02408-03644

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~151
Docket No. LAKE 91-729
A.C. No. 11-02408-03645

Docket No. LAKE 91-730
A.C. No. 11-02408-03646

Docket No. LAKE 91-747
A.C. No. 11-02408-03647

No. 11 Mine

DECISION APPROVING SETTLEMENT

Appearances: Rafael Alvarez, Esq., U.S. Department of Labor, Office of the Solicitor, Chicago, Illinois, for Petitioner;
Gregory S. Keltner, Esq., Old Ben Coal Company, Fairview Heights, Illinois, for Respondent.

Before: Judge Weisberger

In order to expedite a decision on these cases, it is ORDERED that they be severed from Docket No. LAKE 91-29 et al.

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). On December 16, 1991, subsequent to a hearing on the merits on another matter, Petitioner moved to approve settlement agreement and to dismiss the cases. A reduction in penalties from $3,443 to $1,391 is proposed. 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, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay penalties of $1,391 within 30 days of this order.

Avram Weisberger
Administrative Law Judge