[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