PATRICK D. PRICE PETROLEUM PRODUCTS, INC. v OSM; Docket No. NX 9-12-P (November 20, 1979)

TYPE: ALJ Hearing: Consent Decision  

NAME: PATRICK D. PRICE PETROLEUM PRODUCTS, INC., Petitioner v OFFICE OF SURFACE MINING
RECLAMATION AND ENFORCEMENT (OSM), Respondent  

DATE: November 20, 1979  

CASE-NO: Docket No. NX 9-12-P  

PROCEEDING: Civil Penalty Proceeding, Notice of Violation No. 78-II-3-12  

COUNSEL: APPEARANCES: William E. Gary, III, Sandidge, Holbrook & Craig, 100 St. Ann Street, P. O. Box 727,
Owensboro, Kentucky, for Petitioner; 
 
Charles P. Gault, Esquire, Office of the Field Solicitor, U.S. Department of the Interior, Knoxville, Tennessee, for
Respondent  

OPINIONBY: Administrative Law Judge Truswell  

OPINION: CONSENT DECISION  

   BACKGROUND  

   In accordance with Section 518 of the Surface Mining Control and Reclamation Act of 1977 (the Act), Patrick D.
Price Petroleum Products, Inc., petitioner, on January 2, 1979 for review of a notice of proposed civil penalty
assessment 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 full amount of the
proposed civil penalty ($1,600.00) to the Assessment Office, Office of Surface Mining to be placed in escrow pending a
final determination of the proposed assessment.  

   A hearing was held before the undersigned in Owensboro, Kentucky, on May 29, 1979 and a schedule for the
submission of posthearing briefs was established.  

   FACTS

   Notice of Violation No. 78-II-3-12 was issued on October 12, 1978, by the Office of Surface Mining to Patrick D.
Price Petroleum Products, Inc.'s South Hill Mine in Butler County, Kentucky. This notice alleged that Patrick D. Price
Petroleum Products, Inc. had violated the provisions of 30 CFR 715.17(a) in that "All surface drainage from the
disturbed area does not pass through a sediment pond. The drainage from the tipple area has no silt control." The
remedial action required was "Cause all drainage from the tipple and stockpile area to go through a sedimentation pond"
and to do so by November 13, 1978.  The assessment office of OSM issued a proposed civil penalty assessment in the
amount of $2,000.00.  Later, after an assessment conference, the amount of the civil penalty assessment was reduced to
$1,600.00.  Full payment of the proposed assessment of $1,600.00 has been placed in an escrow account pending final
determination of this matter.  

   A further detailing of the facts, a setting forth of the issues, or a discussion with findings and conclusions is
unnecessary.  The parties on November 16, 1979 submitted a "Joint Motion to Dismiss" which is an agreement  for
settlement encompassing one other notice of violation and a cessation order. The undersigned is unfamiliar with such
added notice of violation and cessation order.  

   ORDER  

   The parties have come to an agreement to settle this matter and such agreement is fully set forth in the "Joint Motion
to Dismiss", a copy of which is attached and made a part hereof.  Said agreement is accepted and adopted as the
decision in this proceeding.  

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

   Harry G. McCoy, Project Manager, Patrick D. Price Petroleum Products Inc., P. O. Box 26, Beaver Dam, Kentucky
42340.  

   Mr. William E. Gary, III, SANDIDGE, HOLBROOK & CRAIG, P.S.C., 100 St. Ann Street, P. O. Box 727,
Owensboro, Kentucky 42301.  

   Office of the Field Solicitor, Division of Surface Mining, U.S. Department of the Interior, P.O. Box 15006, Knoxville,
Tennessee 37901  

   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: Harriet Marple  

   Director, Office of Surface Mining, U.S. Department of the Interior, Washington, D.C. 20240, Attn: Special Assistant
to Director.  

   [Attachment]
________________________________________________________________________________

                   UNITED STATES DEPARTMENT OF THE INTERIOR
                        OFFICE OF HEARINGS AND APPEALS
                               HEARINGS DIVISION
                            1052C FEDERAL BUILDING
                               600 FEDERAL PLACE
                          LOUISVILLE, KENTUCKY 40202
Patrick D. Price Petroleum              :  Docket No. NX 9-12-P
  Products, Inc.,                       :
                              Applicant :
                                        :
                  v.                    :  Civil Penalty Proceeding
Office of Surface Mining Reclamation    :
  and Enforcement (OSM),                :
                             Respondent :  Notice of Violation No. 78-II-3-12
________________________________________________________________________________

     JOINT MOTION TO DISMISS  

   Come now the Applicant and Respondent and jointly move the dismissal of the above-styled Civil Penalty Proceeding,
the parties having agreed that Notices of Violation Nos. 78-II-3-12 and 78-II-21-11 and Cessation Order No. 79-II-21-11 shall be assessed a total of $3,600.00.  Having previously paid $1,600.00 into escrow in this proceeding, Applicant
agrees to submit its check in the amount of $2,000.00 to the Assessment Office.  

   Respectfully submitted,  

   Charles P. Gault  
   Attorney for Respondent