Ezel / Agency Decisions / weva-94-80-alj
FMSHRC ALJ decision Docket WEVA 94-80 Decided March 13, 1995 Settled Judge Arthur J. Amchan

Fielding Hydroseeding

Fielding Hydroseeding (FMSHRC WEVA 94-80): Settlement reduced penalties to $5,000

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This order from 1995 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 1995
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

Fielding Hydroseeding faced a civil penalty proceeding involving the Murphy No. 1 Prep Plant. The Secretary of Labor and the company proposed a settlement that reduced the total penalties from $6,000 to $5,000, payable under an installment plan. Judge Arthur J. Amchan found the settlement consistent with the Mine Act's penalty criteria, approved it, and ordered dismissal after payment.

Decision snapshot

  • Cited standard(s): 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
  • Outcome: The settlement was approved, reducing the proposed penalties to $5,000, with dismissal upon payment.
  • Key point: The judge approved the reduced penalty after reviewing the settlement terms and supporting documentation.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                  OFFICE OF ADMINISTRATIVE LAW JUDGES
                          2 SKYLINE, 10th FLOOR
                            5203 LEESBURG PIKE
                      FALLS CHURCH, VIRGINIA 22041


                        March 13, 1995

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 94-80
Petitioner : A.C. No. 46-08122-03502 NFZ
v. :
: Mine: Murphy No. 1 Prep Plant
FIELDING HYDROSEEDING, :
Respondent :

               DECISION APPROVING SETTLEMENT

Before: Judge Amchan

 This case is before me upon petition for assessment of

civil penalty under section 105(d) of the Federal Mine Safety
and Health Act of 1977, 30 U.S.C. ' 801 et seq. The Secretary
of Labor has filed a motion to approve a settlement agreement.
The terms of the settlement are that the total proposed penalties
are reduced from $6,000 to $5,000. Petitioner represents that
Respondent has agreed to pay this amount in an installment
payment plan specified in the settlement agreement.

 I have considered the representations and documentation

submitted and I conclude that the proffered settlement is
consistent with the criteria in section 110(i) of the Act.

Page 2

                          ORDER

 WHEREFORE IT IS ORDERED that the motion for approval of

settlement is GRANTED and Respondent shall pay the approved
penalties in accordance with the terms of the settlement
agreement. Upon such payment this case is DISMISSED.

                            Arthur J. Amchan
                            Administrative Law Judge

Distribution:

Javier I. Romanach, Esq., Office of the Solicitor,
U.S. Department of Labor, 4015 Wilson Blvd., Suite 516,
Arlington, VA 22203

M. Timothy Koontz, Esq., 242 East Second Ave.,
P.O. Box 2180, Williamson, WV 25661

/lh

                            2

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