Cyprus Emerald Resources Corp. (ALJ decision, July 17, 1995)

Plain-English summary

Cyprus Emerald Resources Corp. and the Secretary settled a civil penalty case involving five orders at the Emerald No. 1 Mine. The settlement reduced the penalties on two orders and reduced and reclassified three others as section 104(a) citations, deleting the unwarrantable-failure allegations. The approved penalties were $600, $4,000, $2,000, $3,000, and $6,000, totaling $15,600. The judge approved the settlement and ordered payment within 30 days, after which the case would be dismissed.

Decision snapshot

• Cited provision(s): 30 U.S.C. §§ 801, 814(a), 814(d), and 820(i)
• Outcome: Five orders were settled with reduced or modified penalties totaling $15,600; three were reclassified as section 104(a) citations and had unwarrantable-failure allegations deleted.
• Key point: The approved settlement resolved the case through penalty reductions and removal of the unwarrantable-failure allegations from three orders.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

July 17, 1995

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. PENN 95-80
Petitioner
: A.C. No. 36-05466-04033
v. :
: Mine: Emerald No. 1
CYPRUS EMERALD RESOURCES
:
CORP.,
:
Respondent
:

DECISION APPROVING SETTLEMENT

Appearances: Joseph T. Crawford, Esq., Office of the Solicitor, U.S. Department of Labor,
Philadelphia, Pennsylvania, for Petitioner;
R. Henry Moore, Esq., Buchanan, Ingersoll, P.C., Pittsburgh, Pennsylvania, for Respondent.

Before: Judge Amchan

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, 30 U.S.C. ' 801 et seq. Upon commence- ment of the hearing on May 31, 1995, the parties advised me that they had achieved a settlement of the entire case. The terms of the settlement are as follows:

Order No. 3668845: The penalty is reduced from $1,000 to $600.

Order No. 3668699: The penalty is reduced from $5,500 to $4,000.

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Order No. 3672349: This order is modified to a section 104(a) citation. The unwarrantable failure allegation is deleted and the penalty is reduced from $5,000 to $2,000.

Order No. 3672354: This order is modified to a section 104(a) citation. The unwarrantable failure allegation is deleted and the penalty is reduced from $4,200 to $3,000.

Order No. 3672355: This order is modified to a section 104(a) citation. The unwarrantable failure allegation is deleted and the penalty is reduced from $9,500 to $6,000.

I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with the criteria in section 110(i) of the Act.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay the approved penalties within 30 days of this decision. Upon such payment this case is DISMISSED.

Arthur J. Amchan
Administrative Law Judge

Distribution:

Joseph T. Crawford, Esq., Office of the Solicitor, U.S. Department of Labor, 14480 Gateway Building, 3535 Market Street, Philadelphia, PA 19104

R. Henry Moore, Esq., Buchanan Ingersoll, P.C., 600 Grant Street, 58th Floor, Pittsburgh, PA 15219-2887

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