Virginia Slate Company

Plain-English summary

MSHA sought a $600 civil penalty from Virginia Slate Company for an alleged violation involving section 56.9315. Before the hearing, the parties agreed to settle for $150 because the mine had been permanently abandoned and the company did not intend to resume operations. Judge Jacqueline R. Bulluck approved the settlement as appropriate and in the public interest. The company was ordered to pay $150 within 30 days, after which the case would be dismissed.

Decision snapshot

• Cited standard: 30 C.F.R. § 56.9315
• Outcome: A settlement reducing the proposed $600 penalty to $150 was approved, with dismissal ordered upon payment.
• Key point: The judge approved the reduced penalty because the mine had been permanently abandoned and the company did not plan to resume operations.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
O F F I C E O F A D M IN I S T R A T IV E L A W J U D G E S
2 S K Y L IN E , 1 0t h F LO O R
5 2 0 3 L E E S B U R G P IK E
FALLS CHURCH, VIRGINIA 22041

                                           August 15, 2001

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. VA 2001-10-M
Petitioner : A.C. No. 44-06803-05515
v. :
: Adco Land Corp. No. 1
VIRGINIA SLATE COMPANY, :
Respondent :

                                               DECISION

Appearances: Samuel Waters, Conference and Litigation Representative, Warrendale,
Pennsylvania and James Brooks Crawford, Esq., U.S. Department of Labor,
Arlington, Virginia for Petitioner;
V. Cassel Adamson, Jr., Esq., Adamson and Adamson, Richmond, Virginia, for
Respondent.

Before: Judge Bulluck

    This case is before me upon a Petition for Assessment of Penalty filed by the Secretary of

Labor, through the Mine Safety and Health Administration (“MSHA”), against Virginia Slate
Company, pursuant to section 105(d) of the Federal Mine Safety and Health Act of 1977 (“the
Act”), 30 U.S.C. § 815. The Petition seeks a civil penalty of $600.00 for an alleged violation of
section 56.9315, 30 U.S.C. § 56.9315.

    A hearing on the merits was convened in Henrico County, Virginia. Prior to convening

the hearing, the parties negotiated a settlement whereby Respondent agreed to pay $150.00 based
on the fact that the mine has been permanently abandoned and Respondent does not intend to
resume operations in the future. The settlement agreement was approved on the record, pending
filing of the written agreement, and that determination is hereby confirmed.

    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.

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Page 2

                                      ORDER

  The settlement is appropriate and in the public interest. WHEREFORE, the motion for

approval of settlement is GRANTED, it is ORDERED that the Respondent PAY a penalty of
$150.00 within 30 days of this decision. Upon receipt of payment, this case is DISMISSED.

                                       Jacqueline R. Bulluck
                                       Administrative Law Judge

Distribution:

Samuel B. Waters, Conference & Litigation Representative, U.S. Department of Labor, MSHA,
547 Keystone Drive, Suite 400, Warrendale, PA 15086

James Brooks Crawford, Esq., U.S. Department of Labor, Office of the Solicitor, 4015 Wilson
Boulevard, Room 516, Arlington, VA 22203

V. Cassel Adamson, Jr., Esq., Adamson and Adamson, Crozet House, 100 East Main Street,
Richmond, Virginia 23219-2168

nt

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