ADMINISTRATIVE LAW JUDGE DECISION 05-79

	Administrative Law Judge Decision 79-05

This is the Office of Surface Mining's Library of Administrative Law Judge (ALJ) Decisions. These decisions are from the Interior Department's Office of hearings and Appeals (OHA) which adjudicates disputes arising from the enforcement of the Surface Mining Control and Reclamation Act (SMCRA). There are currently has nine Administrative Law Judges (ALJ's) who hear all cases in which a hearing on the record is required under the Administrative Procedures Act. Administrative Law Judge Decisions that are appealed are heard by the Interior Board of Land Appeals (IBLA) and other appeal boards. For copies of appeal decisions and other information regarding the Office of Hearings and Appeals, see www.doi.gov/oha.

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PENN GROVE COAL v OSM; Docket No. CH 9-139-R (December 17, 1979)

TYPE: ALJ Hearing: Consent Decision  

NAME: PENN GROVE COAL CO., Applicant v. OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT (OSM), Respondent  

DATE: December 17, 1979  

CASE-NO: Docket No. CH 9-139-R

PROCEEDING: Application for Review, Notice of Violation No. 79-I-50-16  

COUNSEL: Appearances: Leo M. Stepanian, Esquire, Brydon & Stepanian, Butler, Pennsylvania, for applicant; 
 
Billy Jack Gregg, Esquire, Office of the Field Solicitor, U.S. Department of the Interior, Charleston, West Virginia, for
respondent.  

OPINIONBY: Administrative Law Judge Shepherd  

OPINION: DECISION ON STIPULATION  

   Pursuant to the provisions of Section 521 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 
1201 et seq., the applicant was issued Notice of Violation No. 79-I-50-16 containing two violations:  

   1.  Failure to establish perimeter markers.  

   2.  Failure to pass all surface drainage through sedimentation ponds.  

   At the hearing on November 8, 1979, in Butler, Pennsylvania, the parties, by their attorneys, entered into a stipulation
whereby the respondent agreed to vacate Violation No. 1 and the applicant agreed to withdraw with prejudice its
application for review of Violation No. 2.  Additionally, it was stipulated that this procedure would in no way affect the
right of the applicant to further contest the amount of penalty of Violation No. 2 at any further proceedings although the
fact of Violation No. 2 is no longer at issue.  {2}
 
   Pursuant to said stipulation, it is hereby ordered that Violation No. 1 of said Notice of Violation No. 79-I-50-16 is
vacated and the application for review of Violation No. 2 is dismissed with prejudice.  

   Sheldon L. Shepherd  
   Administrative Law Judge
 
Distribution:
 
Leo M. Stepanian, Esquire, Attorney for Applicant, Brydon & Stepanian, 228 S. Main Street, Butler, Pennsylvania
16001 (Certified Mail)
 
Billy Jack Gregg, Esquire, Office of the Field Solicitor, Office of Surface Mining, U.S. Department of the Interior, 950
E. Kanawha Boulevard, Charleston, West Virginia 25301 (Certified Mail)
 
  Associate Solicitor, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior,
Washington, D.C. 20240 (Certified Mail)
 
Assessment Office, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior,
Washington, D.C. 20240 (Certified Mail)
 
Director, Office of Surface Mining, U.S. Department of the Interior, Washington, D.C. 20240, Attention: Special
Assistant to Director

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