Reading Anthracite Company (ALJ decision, April 6, 1987)

Plain-English summary

Reading Anthracite Company faced a civil penalty proceeding concerning the New St. Nicholas Breaker. The Secretary filed a motion to approve a settlement, and the company agreed to pay the proposed penalty of $3,600 in full. Judge Avram Weisberger reviewed the parties' representations and documentation under the Mine Act's penalty criteria. He found the settlement appropriate, approved it, and ordered payment within 30 days.

Decision snapshot

• Cited standards: The decision does not identify a specific mine-safety standard.
• Outcome: The settlement was approved and Reading Anthracite was ordered to pay $3,600.
• Key point: The ALJ approved the settlement after reviewing the submitted representations and documentation under the statutory penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. READING ANTHRACITE
DDATE:
19870406
TTEXT:

Page 2

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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. PENN 86-275
PETITIONER
A.C. No. 36-01966-03519

v. New St. Nicholas Breaker

READING ANTHRACITE COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Weisberger

This case is 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). Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. Respondent has agreed to pay the proposed penalty of $3,600 in full. I have considered the representations and documentation submitted in this case, 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 a penalty of $3,600 within 30 days of this order.

Avram Weisberger
Administrative Law Judge