. T.E. BERTAGNOLLI & ASSOCIATES February 20, 1996 WEST 94-226-M FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280 DENVER, CO 80204-3582 303-844-5266/FAX 303-844-5268 February 20, 1996 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. WEST 94-226-M Petitioner : A.C. No. 26-02007-05512 : v. : Docket No. WEST 94-681-M : A.C. No. 26-02007-05515 T.E. BERTAGNOLLI & ASSOCIATES, : Respondent : Bertagnolli Aggregates DECISION APPROVING SETTLEMENT ORDER CANCELING HEARING Before: Judge Cetti The above-captioned cases are consolidated for evaluation and disposition. Docket No. WEST 94-681-M was assigned to the Judge on remand. These consolidated cases are 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 these cases. In Docket No. WEST 94-226-M, under the proffered settlement, there is a reduction of the original proposed penalties as follows: Docket No. WEST 94-226-M Alleged Safety Initial Standard Violated Proposed Settlement Citation No. (CFR Title 30) Penalty Disposition 4138636 56.11001 $3,500.00 $1,750.00 4139102 56.14109(a) $1,500.00 1,000.00 4139103 56.14109(a) $1,500.00 1,000.00 4139105 56.11001 $3,500.00 1,750.00 TOTAL $5,500.00 In Docket No. WEST 94-681-M there is a reduction of original penalties as follows: Docket No. WEST 94-681-M Alleged Safety Initial Standard Violated Proposed Settlement Citation No. (CFR Title 30) Penalty Disposition 4139741 56.12016 $5,200.00 $3,500.00 4139747 56.15002 $4,600.00 Vacate TOTAL $3,500.00 I have considered the representations and documentation submitted in these cases and I conclude that the proffered settle-ment is appropriate under the criteria set forth in section 110(i) of the Act. ORDER WHEREFORE, the motion for approval of settlement is GRANTED and Citation No. 4139747 and its proposed civil penalty are VACATED. It is further ORDERED THAT THE OPERATOR PAY the approved penalties totaling $9,000.00 to the Office of Assessments, Mine Safety and Health Administration, P.O. Box 360250M, Pittsburgh, Pennsylvania 15251 within 30 days of the date of this decision. Upon such payment these cases are dismissed. In view of the approved settlement, the hearing previously scheduled for February 20, 1996, is CANCELED. August F. Cetti Administrative Law Judge Distribution: Susan Gillett-Kumli, Esq., Office of the Solicitor, U.S. Department of Labor, 71 Stevenson Street, Suite 1110, San Francisco, CA 94105-2999 N. Childress, T.E. BERTAGNOLLI & ASSOCIATES, P.O. Box 2577, Carson City, NV 89702 /sh SUSAN GILLETT-KUMLI ESQ OFFICE OF THE SOLICITOR U S DEPARTMENT OF LABOR 71 STEVENSON ST #1110 SAN FRANCISCO CA 94105-2999 N CHILDRESS T.E. BERTAGNOLLI & ASSOCIATES P O BOX 2577 CARSON CITY NV 89702