TRIPLE R COAL CO., INC. v OSM;  Docket No. CH 8-13-R (December 4, 1978)

 TYPE: ALJ Hearing: Decision  

NAME: TRIPLE R COAL CO., INC., Applicant v. OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT (OSM), Respondent  

DATE: December 4, 1978  

CASE-NO: Docket No. CH 8-13-R  

PROCEEDING: Application for Review, Notice of Violation 78-I-13-2  

COUNSEL: 

Joseph Wolfe, Esq., Norton, Virginia, for applicant; 

Billy Jack Gregg, Esq., Office of the Field Solicitor, Department of the Interior, for respondent.  

OPINIONBY: Administrative Law Judge Allen  

OPINION: DECISION  

   BACKGROUND {2}

  In accordance with section 525 of the Surface Mining Control and Reclamation Act of 1977, Triple R Coal Company,
Inc., applied on September 6, 1978, for review of Notice of Violation #78-I-13-2 issued by the Office of Surface
Mining Reclamation and Enforcement (Respondent) under section 521(a)(3) of the Act.  The respondent filed a timely
answer.  Subsequently, the applicant was issued a second Notice of Violation #78-I-15-5 which all parties agreed would
be consolidated and heard together.  Notice of Proposed Assessment of Violation #78-I-13-2 was given on August 29,
1978, and applicant was assessed a total amount of $3,200.  Thereafter, on Violation #78-I-15-5, an assessment was
also made, which, however, is immaterial at this point.  A hearing was held November 27, 1978, in Abingdon, Virginia,
at which time at a pretrial conference, the Office of Surface Mining Reclamation and Enforcement and the attorney for
the applicant negotiated a settlement which was read into the record and made the order of the court.  

   CONFIRMATION OF DECISION AND ORDER  

   By agreement of the parties, all violations issued under #78-I-13-2 and #78-I-15-5 were validly issued and therefore
are affirmed.  

   Twenty-two points were assessment on Violation #78-I-15-5, and no penalty is therefore assessed against that
violation.   

   A total of 36 points was assessed for Violation #1, and an assessment of $1,600 was assessed.  Because the
undersigned felt that the likelihood of violations being committed again and in the future would be lessened if a portion
of the penalty was suspended, the same was so ordered from the bench.  

   ORDER  

  In order to confirm the previous order from the bench which will become effective upon signing the record, all
violations are affirmed and penalty is assessed against the applicant in the sum of $1,000 to be paid on or before
December 27, 1978.  

Tom M. Allen, 
Administrative Law Judge