Mid-Continent Resources Incorporated (ALJ decision, May 21, 1992)

Plain-English summary

Mid-Continent Resources and the Secretary reached a settlement in a civil penalty proceeding involving the Dutch Creek Mine. The amended decision approved the settlement, affirmed the cited violations, and reduced several proposed penalties, including reductions from $147 to $88, $119 to $71, and $198 to $119. The decision set the total assessment at $358, subject to approval by the bankruptcy court, and authorized the Secretary to assert it as a claim in the bankruptcy case. The order also dissolved the prior consolidation of the related cases.

Decision snapshot

• Cited standards: The decision cites the Mine Act and penalty criteria but does not identify a specific underlying mandatory regulation.
• Outcome: The citations were affirmed, amended penalties were approved, and a $358 bankruptcy claim was authorized.
• Key point: The approved settlement modified the penalty amounts while leaving the citations affirmed.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
.
OFFICE OF ADMINISTRATIVE LAW JUDGES
THE FEDERAL BUILDING
1244 SPEER BOULEVARD ma0
DENVER, CO 502043552
(303) 544-5256 I Frs s-5255
May 21, 1992

SECRETARY OF LABOR,                          :      CIVIL PENALTY PROCEEDING

MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. WEST 91-470
Petitioner : A.C. No. 05-00301-03770
:
v. : Dutch Creek Mine
:
MID-CONTINENT RESOURCES
:
INCORPORATED,
:
Respondent
:

AMENDMENT OF DECISION

Appearances: Margaret A. Miller, Esq., Tambra Leonard, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner;
Edward Mulhall, Jr., DELANEY & BALCOMB, P.C., Glenwood Springs, Colorado,
For Respondent.
Before: Judge Morris

Pursuant to Commission Rule 65(c), 29 C.F.R. § 2700.65(c), the Judge strikes paragraph 3 of the Order entered in the Caption Decision and inserts a new paragraph 3.
A two-page "Amended Decision" is attached hereto.

Distribution:
Margaret A. Miller, Esq., Tambra Leonard, Esq., Office of the Solicitor, U.S. Department of Labor, 1585 Federal Office Building, 1961 Stout Street, Denver, CO 80294 Edward Mulhall, Jr., Esq., DELANEY & BALCOMB, Drawer 790, Glenwood Springs, CO 81602 ek

881

“... .-.d. _ .... _ -,.... .I _ .. .^.,

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMlNlSTRAllVE LAW JUDGES
THE FEDERAL BUILDING
1244 SPEER BOULEVARD #260
DENVER, CO 80204-3582
(303) 0444266 I Frs 6644268 my 21, 1992

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. WEST 91-470
Petitioner : A.C. No. 05-00301-03770
:
V. : Dutch Creek Mine
:
MID-CONTINENT RESOURCES
:
INCORPORATED,
:
Respondent
:

AMENDED DECISION

Appearances: Margaret A. Miller, Esq., Tambra Leonard, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner;
Edward Mulhall, Jr., DELANEY & BALCOMB, P.C., Glenwood Springs, Colorado,
For Respondent.
Before: Judge Morris

This is a civil penalty proceeding initiated by Petitioner against Respondent pursuant to the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801, et seq. (the "Act"). The civil penalties sought here are for the violation of mandatory regula- tions promulgated pursuant to the Act.
A hearing in this case and related cases was held in Glen- wood Springs, Colorado, on February 26, 1992. The parties reached an amicable settlement on the record and subsequently filed a written Joint Motion to Approve Settlement.
Respondent further filed a suggestion of bankruptcy.
The Citations, the original assessments, and the proposed dispositions are as follows:
Amended
Citation No. Proposed Penalty Proposed Penalty
3410412
3410415
3410392
$ 20.00
$ 20.00
$ 20.00

$ 20:oo
9996551 $147.00 $ 88.00
3241264 $ 20.00 $ 20.00
3586355 $119.00 $ 71.00
3586278 $198.00 $119.00

882

In support of their motion, the parties submitted information relating to the statutory criteria for assessing civil penalties as contained in 30 U.S.C. § 820(i).
I have reviewed the proposed settlement and I find it is reasonable and in the public interest. It should be approved.
Accordingly, I enter the following:

ORDER

1. The order of consolidation entered on March 2, 1992, is DISSOLVED.
2. The above Citations and amended penalties are AFFIRMED.
3. Respondent filed a case under Chapter 11 of the Bank- ruptcy Code and is operating its bankruptcy estate as a debtor- in-possession. Accordingly, upon approval of the United States Bankruptcy Court in Case No. 91-11658.PAC, it is ORDERED that civil penalties will be assessed against the Respondent in the amount of $358 and Petitioner is authorized to assert such assessment as a claim in Respondent's Bankruptcy Case.

Distribution:
Margaret A. Miller, Esq., Tambra Leonard, Esq., Office of the Solicitor, U.S. Department of Labor, 1585 Federal Office Build- ing, 1961 Stout Street, Denver, CO 80294 Edward Mulhall, Jr., Esq., DELANEY & BALCOMB, Drawer 790, Glenwood Springs, CO 81602

ek

883

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