. MOLALLA REDI-MIX AND ROCK PRODUCTS, INC. March 20, 2000 WEST 99-152-M FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280 DENVER, CO 80204-3582 303-844-3577/FAX 303-844-5268 March 20, 2000 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. WEST 99-152-M Petitioner : A.C. No. 35-00023-05520 : : Docket No. WEST 99-269-M v. : A.C. No. 35-00023-05522 : : Docket No. WEST 99-345-M MOLALLA REDI-MIX AND : A.C. No. 35-00023-05523 ROCK PRODUCTS, INC., : Respondent : Docket No. WEST 99-390-M : A.C. No. 35-00023-05524 : : Molalla Redi-Mix DECISION Appearances: Matthew L. Vadnal, Esq., Office of the Solicitor, U.S. Department of Labor, Seattle, Washington, and Paul A. Belanger, Conference and Litigation Representative, Mine Safety and Health Administration, Vacaville, California, for Petitioner; Douglas Jorgensen, President, MRM, Inc., Molalla, Oregon, for Respondent. Before: Judge Manning These cases are before me on petitions for assessment of civil penalty filed by the Secretary of Labor, acting through the Mine Safety and Health Administration ("MSHA"), against Molalla Redi-Mix and Rock Products, Inc., ("Molalla"), pursuant to sections 105 and 110 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §§ 815 and 820 (the "Mine Act"). A hearing was held in Portland, Oregon, on February 23, 2000. The stay previously entered in WEST 99-152-M, WEST 99-269-M, and WEST 99- 345-M was lifted at that time. At the start of the hearing, counsel for the Secretary request time for the parties to meet privately because it appeared that they were close to settling all issues. At 9:35 a.m. the hearing reconvened at which time the parties announced that they had indeed settled all issues. The settlement was read into the record and was confirmed in a joint motion to approve settlement. The terms of the settlement are as follows: Citation/Order No. 30 C.F.R. § Penalty WEST 99-152-M 4375514 56.14101(a) $2,275.00 WEST 99-269-M 7973084 56.14107(a) 595.00 WEST 99-345-M 4375503 56.4203 1,365.00 4375512 56.14131(a) 1,365.00 4375517 56.14130(a) 3,640.00 4375520 56.18002(a) VACATE 7973082 56.12028 & 104(b) of Act 6,335.00 WEST 99-390-M 7973085 56.14107(a) 360.00 7973087 56.14132(a) 595.00 4375233 56.12001 235.00 4375234 56.12001 235.00 TOTAL $17,000.00 I have considered the representations and documentation submitted at the hearing and in the joint motion. I conclude that the proposed settlement is appropriate under the criteria set forth in section 110(i) of the Act. The parties agree that Molalla may pay the total penalty in eight payments over a period of two years and that in doing so the penalty will not impair its ability to continue in business. Accordingly, the motion to approve settlement is GRANTED; Citation No. 4375520 is VACATED; and Molalla Redi-Mix and Rock Products, Inc., is ORDERED TO PAY the Secretary of Labor the sum of $17,000 as follows: $2,125 shall be paid on or before July 1, 2000, and seven additional payments of $2,125 each shall be paid on or before the first day of each successive calendar quarter starting on October 1, 2000, until the entire $17,000 is paid. Richard W. Manning Administrative Law Judge Distribution: Matthew L. Vadnal, Esq., Office of the Solicitor, U.S. Department of Labor, 1111 Third Avenue, Suite 945, Seattle, WA 98101-3212 (Certified Mail) Douglas Jorgensen, President, MRM, Inc., P.O. Box 555, Molalla, OR 97038 (Certified Mail) Paul A. Belanger, Conference & Litigation Representative, Mine Safety & Health Administration, 2060 Peabody Road, Suite 610, Vacaville, CA 95687 (First Class Mail) RWM