Ezel / Agency Decisions / VA 91-564

Koch Carbon, Inc. - Koch Raven Division (ALJ decision, November 20, 1991)

Koch Carbon, Inc. - Koch Raven Division (FMSHRC VA 91-564): Settlement approved with $960 penalty

Decision type
ALJ decision
Docket
VA 91-564
Decided
November 20, 1991
Presiding judge
James A. Broderick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 C.F.R. § 71.209(b) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1991 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1991
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Koch Carbon's Raven No. 1 Mine was involved in a civil penalty proceeding concerning an alleged violation of 30 C.F.R. § 71.209(b). The Secretary alleged that the operator altered the weight of a respirable dust sample, while the operator denied deliberately tampering with the dust filter media. The parties agreed to reduce the proposed penalty from $1,200 to $960 because they disputed the degree and existence of negligence. Judge James A. Broderick approved the settlement under the criteria in Section 110(i) of the Act.

Decision snapshot

  • Cited standards: 30 C.F.R. § 71.209(b) and 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved, and Koch Carbon was ordered to pay a $960 civil penalty.
  • Key point: The judge approved the negotiated penalty after considering the statutory penalty criteria and the parties' dispute about negligence.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. KOCH CARBON & KOCH RAVEN DIV DDATE: 19911120 TTEXT:

Page 2

~1847
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. VA 91-564
PETITIONER
A.C. No. 44-01717-03566D

v. Raven No. 1 Mine

KOCH CARBON, INC. - KOCH
RAVEN DIVISION,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Broderick

On November 1, 1991, the Secretary and Respondent filed a motion to approve a settlement in the above case. The docket involves a single alleged violation of 30 C.F.R. | 71.209(b) in which the Secretary alleged that Respondent altered the weight of a respirable dust sample submitted by Respondent as part of its sampling requirements. The Secretary states that the violation resulted from a deliberate act; the operator denies that it deliberately tampered with or altered any of its dust filter media.

The motion states that the parties agree to settle the case by reducing the proposed penalty from $1200 to $960 based on a dispute between the parties as to the degree and existence of negligence.

I have considered the motion in the light of the criteria in section 110(i) of the Act, and conclude that it should be approved.

Page 3

~1848
Accordingly, IT IS ORDERED:

1. The settlement agreement is APPROVED.

2. Respondent shall within 30 days of the date of this order pay the sum of $960 as a civil penalty for the alleged violation.

James A. Broderick
Administrative Law Judge

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