Marfork Coal Company (ALJ decision, August 22, 2007)

Plain-English summary

Marfork Coal contested a citation at its Slip Ridge Cedar Grove Mine, and the related civil penalty case was stayed while the Commission reviewed an earlier dismissal. After the Commission reinstated the contest, Judge Jerold Feldman lifted the stay and consolidated the two proceedings. The Secretary proposed reducing the total penalty from $1,446 to $783 because the significant and substantial designation would be removed from Citation No. 7257568. The judge found the settlement appropriate under the Mine Act's penalty criteria, approved it, and dismissed both cases upon timely payment.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815(d) and 820(i)
• Outcome: The settlement was approved, the penalty was reduced to $783, and the consolidated cases were dismissed upon timely payment.
• Key point: Removing the significant and substantial designation supported the agreed penalty reduction.

Full text (FMSHRC public release)

FMSRHC ALJ DECISION

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001

August 22, 2007

MARFORK COAL COMPANY,

Contestant

v.

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Respondent

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA),

Petitioner

v.

MARFORK COAL COMPANY, INC.,

Respondent

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CONTEST PROCEEDING

Docket No. WEVA 2006-790-R

Citation No. 7257568;06/27/2006

Mine ID 46-09048

Slip Ridge Cedar Grove Mine

CIVIL PENALTY PROCEEDING

Docket No. WEVA 2006-934

A.C. No. 46-09048-94552

Slip Ridge Cedar Grove Mine

ORDER LIFTING STAY

CONSOLIDATION ORDER

AND

DECISION APPROVING SETTLEMENT

Before: Judge Feldman

The captioned contest was initially dismissed on September 27, 2006. 28 FMSHRC 842 (Sept. 2006) (ALJ). The related civil penalty matter in WEVA 2006-934 was stayed on January 22, 2007, pending Commission review of the contest dismissal. The Commission has reversed and reinstated the contest. 29 FMSHRC (Aug. 2007). Accordingly, the stay in WEVA 2006-934 IS LIFTED and the captioned contest in WEVA 2006-790-R IS CONSOLIDATED with WEVA 2006-934.

These consolidated contest and civil penalty cases are before me upon a petition for assessment of civil penalty filed pursuant to section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). The Secretary has filed a motion to approve a settlement agreement and to dismiss these proceedings. A reduction in civil penalty from $1,446.00 to
$783.00 is proposed. The reduction in the proposed penalty is based on deleting the significant and substantial designation from Citation No. 7257568.

I have considered the representations and documentation submitted in these matters and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act. WHEREFORE, the motion for approval of settlement IS GRANTED, and IT IS ORDERED that the respondent pay a civil penalty of $783.00 within 30 days of this order in satisfaction of the two citations in issue. Upon receipt of timely payment, the captioned civil penalty and contest cases ARE DISMISSED.

Jerold Feldman

Administrative Law Judge

Distribution:

Robert H. Beatty, Jr., Esq., Carol Ann Marunich, Esq., Dinsmore & Shohl, LLP,

2604 Cranberry Square, Morgantown, WV 26508

Richard D. Hosch, Conference & Litigation Representative, U.S. Department of Labor, MSHA, 100 Bluestone Road, Mt. Hope, WV 25880-1000

/mh