Hickory Coal Company (ALJ decision, July 10, 1992)

Plain-English summary

Hickory Coal Company and the Secretary jointly requested approval of a settlement covering four dockets and ten citations at the Slope No. 1 Mine. Judge Roy J. Maurer approved the settlement after the parties proposed penalty reductions based on the mine’s limited ability to pay and nonproducing status. The citations were affirmed, and the total civil penalty was set at $1,030, payable in installments. The settlement also required contact with MSHA before reopening, abatement of outstanding section 104(b) orders, and no interference with future MSHA inspections.

Decision snapshot

• Cited standard(s): 30 U.S.C. § 814(a), 30 U.S.C. § 814(b), 30 U.S.C. § 814(d)(1), 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, the citations were affirmed, and a total civil penalty of $1,030 was assessed.
• Key point: The approved settlement reduced the penalties and imposed continuing inspection and abatement obligations before the mine could resume production.

Full text (FMSHRC public release)

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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
Docket No. PENN 92-16
ADMINISTRATION (MSHA),
A. C. No. 36-07783-03523
PETITIONER
v. Docket No. PENN 92-171
HICKORY COAL COMPANY,
A. C. No. 36-07783-03524
RESPONDENT
Docket No. PENN 92-172
A. C. No. 36-07783-03525

Docket No. PENN 92-304
A. C. No. 36-07783-03526

Slope No. 1 Mine

DECISION APPROVING SETTLEMENT

Appearances: Joseph T. Crawford, Esq., Anthony G. O'Malley, Jr., Esq., Office of the Solicitor, U. S. Department of Labor, Philadelphia, Pennsylvania, for the Secretary;
Mr. William Kutsey, Hickory Coal Company, for Respondent.

Before: Judge Maurer

At the hearing of these cases, which was held on June 17, 1992, in Jenkintown, Pennsylvania, the parties jointly moved for approval of a settlement after the testimony of the first two government witnesses.

Docket No. PENN 92-16 involves a single section 104(d)(1) citation, Citation No. 2933291. The parties requested a 50 percent reduction in the $400 assessed penalty based on the respondent's limited ability to pay and the current nonproducing character of the mine.

Docket No. PENN 92-171 contains three section 104(a) citations assessed at a total amount of $162. Settlement is proposed to reduce the penalty for Citation No. 2933297 from $20 to $12; and Citation Nos. 2934879 and 3079884 by 50 percent to $71. The same rationale for the settlement reductions prevails throughout this decision.

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Docket No. PENN 92-172 involves five section 104(a)-104(b) citations. It is proposed to reduce Citation Nos. 2934803 and 3079392 from $140 to $84, respectively. With regard to Citation Nos. 2933292, 2934801, and 3079391, a 50 percent reduction to $245 is proposed.

Lastly, Docket No. PENN 92-304 contains a single section 104(a) citation. It is proposed to reduce the assessment thereon from $750 to $334.

This leaves the respondent with a total civil penalty to pay of $1030. It is proposed that the initial $180 be paid within 90 days of the date of this decision, while the remaining $850 may be paid in $50 monthly installments, beginning no later than 90 days after the date of this decision.

Furthermore, there are nonmonetary aspects of the settlement agreement. Mr. Kutsey has agreed that on the day that he intends to reopen his mine, he will contact MSHA's Pottsville office. At that time, MSHA inspectors will accompany Mr. Kutsey in an inspection of his mine. Any citations that are issued will not, however, be assessed. Abatement will be required, of course. In addition, any outstanding section 104(b) orders pertaining to this mine will be fully abated before coal is mined. Finally, Mr. Kutsey has agreed that he will not impede the MSHA inspection of his mine in any way, forever.

I granted this motion on the record at the hearing as I do believe that the proffered settlement, in toto, is appropriate under the criteria set forth in section 110(i) of the Act and in the best interest of both the parties to these cases and the public.

ORDER

It is hereby ORDERED that:

1. Citation Nos. 2933291, 2933297, 2934879, 3079884, 2934803, 3079392, 2933292, 2934801, 3079391, and 2934258 ARE AFFIRMED.

2. Respondent, Hickory Coal Company, IS ORDERED TO PAY civil penalties in the total amount of $1030. Of that amount, $180 is due within 90 days of the date of this decision. The remaining $850 will be paid in $50 monthly installments also beginning within 90 days of the date of this decision, and continuing for 17 months or until paid in full.

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3. Respondent shall also fully comply with all the nonmonetary aspects of the settlement agreement approved herein as more fully set out earlier in this decision.

Roy J. Maurer
Administrative Law Judge