Atlantic Cement Co., Inc. (ALJ decision, September 25, 1986)

Plain-English summary

Atlantic Cement Co. faced a civil penalty proceeding under the Mine Act. The parties proposed reducing the penalty from $5,311 to $3,311 and dismissing the case. Judge Gary Melick considered the hearing testimony and documents under the Act's penalty criteria, approved the settlement, and ordered payment within 30 days. The released decision does not identify the underlying citation or safety standard.

Decision snapshot

• Cited standard: None identified in the released decision.
• Outcome: Settlement approved; penalty reduced from $5,311 to $3,311, payable within 30 days.
• Key point: The judge found the proposed penalty reduction appropriate under the Mine Act's penalty criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ATLANTIC CEMENT
DDATE:
19860925
TTEXT:

~1450

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. YORK 86-1-M
PETITIONER
A.C. No. 30-00006-05512

v. Blue Circle Atlantic, Inc.

ATLANTIC CEMENT CO., INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: James A. Magenheimer, Esq., Office of the Solicitor, U.S. Department of Labor, New York, New York, for Petitioner;
Gary L. Vanniere, Director of Personnel, P.O.
Box 3, Ravena, New York, 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). The parties filed a joint motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $5,311 to $3,311 was proposed. I have considered the testimony and documentation submitted in this case at hearings held August 27, 1986, 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 $3,311 within 30 days of this order.

Gary Melick
Administrative Law Judge