Sam Puglia Excavating (ALJ decision, May 6, 1999)

Plain-English summary

Sam Puglia Excavating faced two civil penalty assessments totaling $4,144. The Secretary and the operator proposed a settlement reducing the amount to $580. Judge Jacqueline R. Bulluck approved the settlement under the Mine Act penalty criteria, vacated Order Nos. 7707714 and 7707715, and directed the operator to pay the settlement in three installments.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815(d) and 820(i)
• Outcome: The settlement was approved, two orders were vacated, and Sam Puglia Excavating was ordered to pay $580 in three installments.
• Key point: The judge approved a substantially reduced civil penalty after reviewing the parties' settlement representations and supporting documentation.

Full text (FMSHRC public release)

SAM PUGLIA EXCAVATING
May 6, 1999
YORK 98-59-M

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, Suite 1000
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

May 6, 1999

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. YORK 98-59-M
Petitioner : A.C. No. 30-02566-05517
v. :
: Granby Pit
SAM PUGLIA EXCAVATING,
:
Respondent
:

DECISION APPROVING SETTLEMENT

Before: Judge Bulluck

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). Petitioner has filed a motion to approve a settlement agreement and to dismiss this case. A reduction in penalty from $4,144.00 to $580.00 is proposed. The citations initial assessments, and the proposed settlement amounts are as follows:

   Citation No.            Initial Assessment             Proposed Settlement

   7707680                 $2,072.00                      $290.00
   7707682                 $2,072.00                      $290.00

Total $4,144.00
$580.00

I have considered the representations and documentation submitted in this case, 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, it is ORDERED that Order Nos. 7707714 and 7707715 are VACATED, and that Respondent pay a penalty of $580 in three installments, in accordance with the payment schedule set forth in the settlement agreement.

Jacqueline R. Bulluck
Administrative Law Judge
Distribution:

Suzanne Demitrio, Esq., Office of the Solicitor, U.S. Department of Labor, Room 707, New York, New York 10014

Mr. Sam Puglia, Sam Puglia Excavating, 1900 State Rt. 3, Fulton, NY 13069

/nt