Ezel / Agency Decisions / VA 93-165

Southmountain Coal, Inc. (ALJ decision, June 27, 1995)

Southmountain Coal, Inc. (FMSHRC VA 93-165, et al.): Settlement approved and contests dismissed

Decision type
ALJ decision
Dockets
VA 93-165, VA 93-166, VA 93-108-R, VA 93-109-R, VA 93-110-R, VA 93-111-R, VA 93-112-R, VA 93-113-R, VA 93-114-R, VA 93-115-R, VA 93-116-R, VA 93-117-R, VA 93-119-R, VA 93-124-R, VA 93-125-R, VA 93-131-R, VA 93-132-R, VA 93-133-R, VA 93-134-R, VA 93-135-R, VA 93-137-R, VA 93-138-R
Decided
June 27, 1995
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-13
Cited standards
30 U.S.C. § 815 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 1995 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 1995
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 approved a settlement totaling $436,732 and dismissed the related contest proceedings as moot. It 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. The release is an OCR transcription, and visibly unreadable or garbled passages are retained as received.
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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Southmountain Coal and William Ridley Elkins were parties to contest and civil penalty proceedings involving numerous citations, orders, and proposed penalties. The Secretary reported related criminal proceedings and stated that the respondents' monetary liability had been satisfied. The judge approved a settlement requiring payment of $436,732, lifted the stays, and dismissed the contest proceedings as moot.

Decision snapshot

  • Cited authority: 30 U.S.C. § 820(i)
  • Outcome: The $436,732 settlement was approved, stays were lifted, and the contest proceedings were dismissed as moot.
  • Key point: The judge accepted the settlement after considering the submitted representations and documentation.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF A D M INISTRA TIV E LA W JUDGES 2 SK YLINE, 10 th FLOOR
5203 LEESBURG PIK E
FA LLS CHURCH, V IRGINIA 22041

June 27, 1995

SOUTHMOUTAIN COAL, INC.
: CONTEST PROCEEDINGS
:
AND
: Docket No. VA 93-108-R
: Citation No. 4257501; 5/26/93
WILLIAM RIDLEY ELKINS,
:
Contestants
: Docket No. VA 93-109-R
: Order No. 4257502; 5/26/93
v. :
: Docket No. VA 93-110-R
SECRETARY OF LABOR,
: Order No. 4257503; 5/26/93
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. VA 93-111-R
Respondent
: Order No. 4257504; 5/26/93
:
: Docket No. VA 93-112-R
: Order No. 4257505; 5/26/93
:
: Docket No. VA 93-113-R
: Order No. 4257506; 6/26/93
:
: Docket No. VA 93-114-R
: Order No. 4257507; 5/26/93
:
: Docket No. VA 93-115-R
: Order No. 4257508; 5/26/93
:
: Docket No. VA 93-116-R
: Order No. 4257509; 5/26/93
:
: Docket No. VA 93-117-R
: Order No. 4257510; 5/26/93
:
: Docket No. VA 93-119-R
: Order No. 4257512; 5/26/93
:
: Docket No. VA 93-124-R
: Order No. 4257517; 5/26/93
:
: Docket No. VA 93-125-R
: Citation No. 4257518; 5/26/93
:
: Docket No. VA 93-131-R
: Citation No. 4257524; 5/26/93

:
: Docket No. VA 93-132-R
: Order No. 4257525; 5/26/93
: Docket No. VA 93-133-R
: Citation No. 4257526; 5/26/93
:
: Docket No. VA 93-134-R
: Citation No. 4257527; 5/26/93
:
: Docket No. VA 93-135-R
: Citation No. 4257528; 5/26/93
:
: Docket No. VA 93-137-R
: Order No. 4257530; 5/26/93
:
: Docket No. VA 93-138-R
: Order No. 4257531; 5/26/93
:
: Mine No. 3 I.D. No. 44-06594
:
SECRETARY OF LABOR, MINE : CIVIL PENALTY PROCEEDINGS
SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. VA 93-165 Petitioner : A.C. No. 44-06594-03522 :
v. : Docket No. VA 93-166
: A.C. No. 44-06594-03523
SOUTHMOUNTAIN COAL, INC., :
Respondent : No. 3 Mine

ORDER LIFTING STAYS/DECISION APPROVING SETTLEMENT AND ORDER OF DISMISSAL

In a motion to dismiss these proceedings the Secretary states as follows:

In accordance with a plea agreement and sentencing in related criminal proceedings and because the respondent Southmount motion, the Secretary offers the following information and explanation.

(1) As a result of criminal prosecution against both respondents, the United States District Court for the Western District of Virginia accepted guilty pleas from Southmount the proposed civil penalties totalling $436,732.

(2) On May 17, 1995, in accordance with the guilty pleas, United Sta Administration, in addition to criminal fines and restitution totalling an additional $1,563,268.

(3) On May 31, 1995, Judge Wilson ordered Apple Coal Company, the parent company of Southmountain, to pay the amounts ch

(4) The amount to be paid to the Mine Safety and Health Administra

(5) The Secretary sought the civil penalties in this case against So monetary liability of both respondents has been satisfied. In addition, the findings of criminal conduct serve as significant deterrents to further such violations.

Therefore, in light of the payment of substantial civil penalties and criminal sentences in the related criminal proceeding

The Secretary's motion is deemed in part to constitute a motion for settlement in which Respondent has agreed to pay and has, in fact, paid the proposed penalty of $436,732 in full. I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlement is acceptable under the criteria set forth in Section 110(i) of the Act.

ORDER

WHEREFORE, the Stay Orders in the captioned cases are lifted, and the settlement in the civil penalty proceedings is approved. Furthermore, the captioned contest proceedings are dismissed as now moot.

Gary Melick
Administrative Law Judge
(703) 756-6261

Distribution:

Henry Chajet, Esq., James Zissler, Esq., Jackson and Kelly, 2401 Pennsylvania Ave., N.W., Suite 400, Washington, D.C. 20037 (Certified Mail)

Jeffery Sturgill, Esq., Sturgill, Mullins and Kennedy, 944 Norton Road, P.O. Box 3458, Wise, VA 24293 (Certified Mail)

Carl C. Charneski, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd., Suite 400, Arlington, VA 22203 (Certified Mail)

3

Jack Kennedy, Attorney at Law, 105 Sixth Street, N.W., Suite 200, P.O. Box 654, Norton, VA 24273 (Certified Mail)

Jessee Darrell Cooke, Miners' Representative, Southmountain Coal, Inc., P.O. Box 950, Coburn, VA 24230 (Certified Mail)

/jf

4

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