Ezel / Agency Decisions / YORK 89-42

Mettiki Coal Company (ALJ decision, July 12, 1991)

Mettiki Coal Company (FMSHRC YORK 89-42): Settlement approved with $800 penalty

Decision type
ALJ decision
Docket
YORK 89-42
Decided
July 12, 1991
Presiding judge
William Fauver
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Cited standards
30 U.S.C. § 815(d) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1991 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 1991
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

Mettiki Coal Company faced a civil penalty proceeding involving its Mettiki General Preparation Plant. The Secretary of Labor asked the judge to approve a settlement and dismiss the case. Judge William Fauver found the settlement consistent with the Mine Act's penalty criteria, approved it, and ordered the company to pay $800 within 30 days. The case was to be dismissed after payment.

Decision snapshot

  • Governing provisions: 30 U.S.C. §§ 815(d) and 820(i)
  • Outcome: The settlement was approved, $800 was assessed, and the case was to be dismissed after payment.
  • Key point: The judge approved the parties' negotiated resolution after reviewing their representations and supporting documentation.

Full text (FMSHRC public release)

Page 2

~1101

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. YORK 89-42
PETITIONER A.C. No. 18-00671-03537 v.
METTIKI COAL COMPANY,
Mine: Mettiki General
RESPONDENT
Prep Plant

SOL No. 9146176

DECISION APPROVING SETTLEMENT

Before: Judge Fauver

This case is before me upon a petition for assessment of civil penalties under 105(d) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with the criteria in 110(i) of the Act.

WHEREFORE, IT IS ORDERED that the motion for approval of settlement is GRANTED. Respondent shall pay the approved penalties of $800 within 30 days of this decision. Upon such payment this case is DISMISSED.

William Fauver
Administrative Law Judge

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