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[DOCID: f:ct99152.wais]

 
REINTJES OF THE SOUTH, INC.
June 20, 2000
CENT 99-152-RM


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                          June 20, 2000


REINTJES OF THE SOUTH, INC.     :  CONTEST PROCEEDINGS
                    Contestant  :
                                :  Docket No. CENT 99-152-RM
             v.                 :  Citation No. 7867324; 01/21/99
                                :
SECRETARY OF LABOR,             :  Docket No. CENT 99-154-RM
  MINE SAFETY AND HEALTH        :  Citation No. 7867336; 02/02/99
  ADMINISTRATION (MSHA),        :
                    Petitioner  :  Ornet Corporation
                                :  Mine ID No. 16-00354 FDP
                                :
SECRETARY OF LABOR,             :  CIVIL PENALTY PROCEEDINGS
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :  Docket No. CENT 99-195-M
                    Petitioner  :  A.C. No. 16-00354-05501 FDP
                                :
             v.                 :  Docket No. CENT 99-335-M
                                :  A.C. No. 16-00354-05505 FDP
REINTJES OF THE SOUTH, INC.,    :
                    Respondent  :  Ornet Corporation

                  DECISION APPROVING SETTLEMENT

Before:  Judge Weisberger

     The Stay Order previously issued in this case on January 6,
2000, is hereby lifted.

     These cases are before me upon a petitions for assessment
of civil penalty under section 105(d) of the Federal Mine
Safety and Health Act of 1977 (the Act), and notices of
contest filed by the operator.  Petitioner has filed a
motion to approve a settlement agreement and to dismiss
these cases.  Respondent has agreed to pay the full
penalty of $55,131.00.  I have considered the
representations and documentation submitted in these
cases, and I conclude that the proffered settlement is
acceptable 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 $55,131.00 within 30 days of this order.  It is
further ORDERED that the parties shall abide by all the
terms of the settlement.


                               Avram Weisberger
                               Administrative Law Judge

Distribution:

Mark N. Savit, Esq., Patton Boggs, L.L.P., 2550 M Street, N.W.
Washington, DC 20037-1350

Stephen E. Irving, Esq., Office of the Solicitor, U.S. Department
of Labor, 525 Griffin Street, Suite 501, Dallas, TX 75202

/sct