[DOCID: f:l94-631.wais] EDWARD SCHUMACHER March 8, 1995 LAKE 94-631-M FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 March 8, 1995 SECRETARY OF LABOR : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. LAKE 94-631-M Petitioner : A.C. No. 11-02742-05518A v. : : Lacon Plant EDWARD SCHUMACHER, Employed by : MIDWEST MATERIAL CORPORATION, : Respondent : DECISION APPROVING SETTLEMENT Appearances: Lisa A. Gray, Esq., Office of the Solicitor, U.S. Department of Labor, Chicago, Illinois, for the Petitioner; Thomas G. Harvel, Esq., Westervelt, Johnson, Nicoll and Keller, Peoria, Illinois, for Respondent. Before: Judge Amchan 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, 30 U.S.C. § 801 et seq. At hearing, the parties moved to approve a settlement agreement and to dismiss the case. The terms of the settlement are that the penalty is reduced from $9,500 to $1,500. The penalty is payable in 10 equal installments beginning within 30 days. The entire penalty is due if payment of any of the installments is not made. I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with the criteria in section 110(i) of the Act. ORDER WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay the approved penalty as provided in the settlement agreement. Upon such payment this case is DISMISSED. Arthur J. Amchan Administrative Law Judge Distribution: Lisa A. Gray, Esq., Office of the Solicitor, U.S. Department of Labor, 8th Floor, 230 S. Dearborn St., Chicago, IL 60604 Thomas G. Harvel, Esq., Westervelt, Johnson, Nicoll & Keller, 14th Floor, First Financial Plaza, 411 Hamilton Blvd., Peoria, IL 61602-1114 /lh