Ezel / Agency Decisions / weva-92-1103-alj
FMSHRC ALJ decision Docket WEVA 92-1103 Decided February 19, 1993 Settled Judge Paul Merlin

K Y V Coal Company, Inc.

K Y V Coal Company, Inc. (FMSHRC WEVA 92-1103): Settlement approved for ventilation and dust-control violation

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This order from 1993 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 1993
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 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.
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.
Read the official release (fmshrc.gov)

Plain-English summary

MSHA alleged that K Y V Coal was not complying with its ventilation and dust-control plan because water-spray pressure was below the required level. Judge Paul Merlin approved the settlement for the originally assessed penalty of $903. He found the penalty appropriate for the serious violation under the six statutory criteria and ordered the operator to pay within 30 days.

Decision snapshot

  • Cited standard(s): The decision does not identify a specific standard section.
  • Outcome: The settlement was approved and K Y V Coal was ordered to pay $903.
  • Key point: The operator accepted the full assessed penalty for the water-spray pressure violation.

Full text (FMSHRC public release)

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 92-1103
Petitioner : A. C. No. 46-07622-03539
:
v. :
:
:
K Y V COAL COMPANY, INC., : No. 3
Respondent :

               DECISION APPROVING SETTLEMENT
                       ORDER TO PAY

Before: Judge Merlin

 The Solicitor has filed a motion to approve settlement of the

one violation involved in this matter. The originally assessed
amount was $903, and the proposed settlement is for $903. The
ventilation and dust control plan was not being complied with
because the pressure of the water sprays was less than required.
Upon review I find that $903 is an appropriate penalty for this
serious violation and that it is in accordance with the six
statutory criteria set forth in section 110(i) of the Act.

 Accordingly, the recommended settlement is APPROVED and the

operator is ORDERED TO PAY $903 within 30 days of the date of this
decision.

                                Paul Merlin
                                Chief Administrative Law Judge

Distribution: (Certified Mail)

Tina C. Mullins, Esq., Office of the Solicitor, U.S. Department of
Labor, 4015 Wilson Blvd., Arlington, VA 22203

Ronald L. King, Esq., Robertson, Cecil, King & Pruitt, Drawer 1560,
Grundy, VA 24614

rdj

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