U.S. Steel Mining Company, Inc. (ALJ decision, January 30, 1987)

Plain-English summary

U.S. Steel Mining Company faced a civil penalty proceeding involving its Seneca Mine. The Secretary of Labor and the company submitted a settlement agreement, and the company agreed to pay a $20 penalty in full. Judge Gary Melick found the settlement appropriate under the Mine Act's penalty criteria, approved it, and ordered payment within 30 days.

Decision snapshot

• Cited provisions: 30 U.S.C. § 815(d) and 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, and U.S. Steel Mining was ordered to pay a $20 penalty within 30 days.
• Key point: The judge approved the proposed settlement after reviewing the parties' representations and supporting documentation under the Mine Act's penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. U.S.STEEL
DDATE:
19870130
TTEXT:

Page 2

~191

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 86-436
PETITIONER
A.C. No. 46-01409-03526
v.
Seneca Mine
U.S. STEEL MINING COMPANY,
INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Mark R. Malecki, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia, for Petitioner;
Billy M. Tennant, Esq., Pittsburgh,
Pennsylvania, for Respondent.

Before: Judge Melick

This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. Respondent has agreed to pay the proposed penalty of $20 in full. 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.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $20 within 30 days of this order.

Gary Melick
Administrative Law Judge