Susquehanna-Mt. Carmel, Inc. (ALJ decision, December 9, 1994)

Plain-English summary

Susquehanna-Mt. Carmel, Inc. faced a civil penalty proceeding involving the Natalie Banks mine. The Secretary moved to approve a settlement that reduced the proposed penalty from $4,400 to $1,000 and requested dismissal. Judge Gary Melick found the agreement acceptable under the Mine Act's penalty criteria, approved it, and ordered payment of $1,000 within 30 days. The scheduled hearing was cancelled.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815(d) and 820(i)
• Outcome: The settlement was approved and a $1,000 penalty was ordered, reduced from $4,400.
• Key point: The ALJ approved the negotiated penalty after reviewing the parties' representations and supporting documentation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. SUSQUEHANNA-MT. CARMEL
DDATE:
19941209
TTEXT:

Page 2

~2450
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 PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 93-119 Petitioner : A. C. No. 36-08136-03511
v. :
: Natalie Banks
:
SUSQUEHANNA-MT. CARMEL, INC., :
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Melick

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. A reduction in penalty from $4,400 to $1,000 is proposed. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is acceptable 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 $1,000 within 30 days of this order.

The hearing scheduled for December 1, 1994 has been cancelled.

Gary Melick
Administrative Law Judge

Distribution:

Mark Swirsky, Esq., Office of the Solicitor, U.S. Department of Labor, 14480 Gateway Bldg., 3535 Market Street, Philadelphia, PA 19104

Joseph M. Rasmus, Susquehanna-Mt. Carmel, Inc., P.O. Box 27, 200 E. Front Street, Nanticoke, PA 18634

/jf