FUEL DYNAMICS v OSM; Docket No. KC 9-3-P (November 29, 1979)

 TYPE: ALJ Hearing: Consent Decision  

NAME: FUEL DYNAMICS, INC. , Applicant v OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT (OSM), Respondent  

DATE: November 29, 1979  

CASE-NO: Docket No. KC 9-3-P  

PROCEEDING: Civil Penalty Proceeding Notice of Violation Nos. 79-IV-2-1 79-IV-4-7  

OPINIONBY: Administrative Law Judge Truswell  

OPINION: CONSENT DECISION  

   In accordance with Section 518 of the Surface Mining Control and Reclamation Act of 1977 (the Act), Fuel
Dynamics, Inc., petitioner, petitioned on June 18, 1979 for review of notices of proposed civil penalty assessments
issued by the Office of Surface Mining and Reclamation, respondent. Contemporaneous with the filing of its petition the
petitioner in accordance with the requirements of 43 CFR Section 4.1152(b)(1) paid the total amount of all proposed
civil penalties ($11,500.00) to the Assessment Office, Office of Surface Mining to be placed in an escrow account
pending a final determination of the proposed assessments.  

   On November 28, 1979 the parties filed a "Joint Motion to Dismiss" wherein petitioner agrees to pay the reduced
proposed assessments, resulting from an assessment conference, without proceeding to a formal hearing.  

   ORDER  

   This matter is disposed of in accordance with said "Joint Motion to Dismiss", a copy of which is attached and made a
part hereof.  

   William J Truswell  
   Administrative Law Judge
 
Distribution: (Certified Mail - Return Receipt)  

   Shelby P. Horn, Esquire, Fuel Dynamics, Inc., P.O. Box 308, Oswego, Kansas 67356
 
Office of the Field Solicitor, Office of Surface Mining, U.S. Department of the Interior, 818 Grand Avenue, Scarritt
Building, Kansas City. Missouri 64108
 
Associate Solicitor, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior,
Washington, D.C. 20240.
 
by  regular mail:
 
Assessment Office, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior,
Washington, D. C. 20240, Attn: Alice Watson, South Building
 
  Director, Office of Surface Mining, U.S. Department of the Interior, Washington, D.C. 20240, Attn: Special Assistant
to Director  

   [Attachment]  

   OFFICE OF HEARINGS AND APPEALS  
   U.S. DEPARTMENT OF THE INTERIOR
______________________________________________________________________________

FUEL DYNAMICS, INC.,             Petitioner, Docket No. KC 9-3-P
                                             Civil Penalty Proceeding
             vs.                             Notices of Violation
                                             No. 79-IV-2-1
                                             No. 79-IV-4-7
OFFICE OF SURFACE MINING                     Black Diamond Mine
RECLAMATION AND ENFORCEMENT,     Respondent. Golden Eagle #3 Mine
______________________________________________________________________________

   JOINT MOTION TO DISMISS  

   Come now Shelby P. Horn, Attorney for Petitioner, and Gerald A. Thornton, Attorney for Respondent, and jointly
move to dismiss the above captioned case for the following reasons:  

   A conference was held in the Kansas City office of the Respondent after the petition for a hearing was filed, the
findings of the conference officer during said conference becoming final on October 23, 1979.  Petitioner is in
agreement with the final penalty assessment resulting from said conference, and does not wish to proceed to a formal
hearing.  

   As a result of said conference, Petitioner is due return of a portion of the sum placed in escrow on or about June 11,
1979 (Petitioner's Check No. 05691 in the amount of $11,500.00) in the amount of $4,680.00, together with interest at
the rate of six (6) percent from that date, and it is so moved.  

   Shelby P. Horn,  
   Attorney for Petitioner  

   Gerald A. Thornton,  
   Attorney for Respondent