Consolidation Coal Company

Plain-English summary

Consolidation Coal Company was cited at the Loveridge No. 22 Mine for accumulations of float coal dust along a conveyor belt haulage entry, in alleged violation of 30 C.F.R. § 75.400, with a proposed civil penalty of $750. The company contested the order, and the penalty and contest proceedings were consolidated for hearing. The parties reached a settlement, and Judge George A. Koutras found the settlement reasonable and in the public interest. He approved a reduced $450 penalty, ordered payment within 30 days, and dismissed the penalty proceeding and the company's contest after payment.

Decision snapshot

• Cited standard(s): 30 C.F.R. § 75.400
• Outcome: The settlement was approved, the penalty was reduced to $450, and the contest was dismissed.
• Key point: The judge approved the parties' settlement after reviewing the statutory penalty factors and the facts supporting the reduction.

Full text (FMSHRC public release)

           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 87-66
PETITIONER A.C. No. 46-01433-03736

             v.                         Loveridge No. 22 Mine

CONSOLIDATION COAL COMPANY,
RESPONDENT

CONSOLIDATION COAL COMPANY, CONTEST PROCEEDING
CONTESTANT
v. Docket No. WEVA 87-8-R
Order No. 2841392; 9/9/86
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH Loveridge No. 22 Mine
ADMINISTRATION (MSHA),
RESPONDENT

                                 DECISION
                                   and
                            ORDER OF DISMISSAL

Appearances: Therese I. Salus, Esq., Office of the
Solicitor, U.S. Department of Labor,
Philadelphia, Pennsylvania, for the
Petitioner/Respondent;
Michael R. Peelish, Esq., Consolidation
Coal Company, Pittsburgh, Pennsylvania,
for the Respondent/Contestant.

Before: Judge Koutras

                     Statement of the Proceedings

 The captioned civil penalty proceeding concerns a proposal

for assessment of civil penalty filed by the petitioner against
the respondent pursuant to section 110(a) of the Federal Mine
Safety and Health Act of 1977, 30 U.S.C. 820(a), seeking a
civil penalty assessment of $750 for an alleged violation of
mandatory safety standard 30 C.F.R. 75.400, as stated in a
section 104(d)(2) "S & S" Order No. 2841392 served on the
respondent on September 9, 1986. The order was issued after the
inspector observed accumulations of float coal dust on the mine
floor along a conveyor belt haulage entry. The companion contest
proceeding concerns Consolidation Coal's challenge to the
legality of the order.

 The respondent/contestant filed a timely answer and contest,

and the cases were consolidated for hearing with several other
cases in Morgantown, West Virginia, during the hearing term
August 25Ä26, 1987. However, when the cases were called for
trial, the parties advised me that they had reached a settlement
in the civil penalty case, and that upon approval of the
settlement, the contestant will withdraw its contest. Under the
circumstances, the parties were afforded an opportunity to
present oral arguments on the record in support of their proposed
settlement (Tr. 3Ä8). The proposed settlement was approved from
the bench, and my decision in this regard is herein re-affirmed.

Discussion

 In support of the proposed settlement of the civil penalty

case, the parties presented information pertaining to the six
statutory criteria found in section 110(i) of the Act. They also
discussed and disclosed the facts and circumstances with respect
to the issuance of the violation, and a reasonable justification
for a reduction of the original proposed civil penalty
assessment. The proposed settlement requires the respondent to
pay a civil penalty assessment of $450 for the contested
violation in question.

Conclusion

 After careful review of the pleadings filed by the parties,

and upon consideration of the arguments made in support of the
proposed settlement of the civil penalty case, I conclude and
find that the settlement disposition is reasonable and in the
public interest. Accordingly, pursuant to 29 C.F.R. 2700.30,
the settlement is APPROVED.

                             ORDER

 Respondent IS ORDERED to pay a civil penalty assessment in

the amount of $450 in satisfaction of the violation in question
within thirty (30) days of the date of this decision and order,
and upon receipt of payment by the petitioner, the civil penalty
proceeding is dismissed. In view of the settlement disposition of
the civil penalty case, contestant's request to withdraw its
contest IS GRANTED, and it IS DISMISSED.

                             George A. Koutras
                             Administrative Law Judge