INDIAN CREEK COAL CO. (dba M & B Coal Co.) v OSM;  Docket No. CH 9-27-P (October 23, 1979)

 TYPE: ALJ Hearing: Consent Decision  

NAME: INDIAN CREEK COAL CO. (dba M & B Coal Co.), Petitioner v. OFFICE OF SURFACE MINING
RECLAMATION AND ENFORCEMENT (OSM), Respondent  

DATE: October 23, 1979  

CASE-NO: Docket No. CH 9-27-P  

PROCEEDING: Civil Penalty Proceeding, Notice of Violation No. 79-I-26-6, No. 7 Mine  

OPINIONBY: Administrative Law Judge Allen  

OPINION: CONSENT DECISION  

   In accordance with section 518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.  1201 et
seq.) (the Act), Indian Creek Coal Company (petitioner) filed an application for review of a proposed civil penalty
assessment issued by the Office of Surface Mining Reclamation and Enforcement on August 14, 1979.
Contemporaneously with the filing of its application, the petitioner, in compliance with the requirements of 43 CFR
4.1152(b)(1), paid the full amount of the proposed penalty ($4,700) to the Assessment Office, Office of Surface
Mining, to be placed in escrow pending a final determination of the proposed assessment.  A timely answer was filed.  

   The matter was set for hearing before the undersigned on Thursday, October 25, 1979, in Charleston, West Virginia.  

   The parties desiring to settle the issues existing between them submitted a document entitled "Joint Request for
Dismissal" which amounted to an agreement for final disposition of the case and a consent decision.  The same is
approved by the undersigned.  Therefore:  

   ORDER  

   It is ordered and adjudged that all three violations contained in Notice of Violation No. 79-I-26-6 are affirmed, and
that the total assessment of $4,700 is reduced to $1,400.  The respondent shall remit to the applicant the sum of $3,300
with interest at the rate of 6 percent or with interest at the prevailing Department of Treasury rate, whichever is greater. 
A copy of the agreement is hereto attached and made a part of this order.  

   Tom M. Allen  
   Administrative Law Judge {2}
 
Distribution:  

   James R. Mustard, Jr., & Lee F. Feinberg, P.O. Box 273, Charleston, WV 25321 (Certified Mail)  

   Marye L. Wright, Esq., Office of the Field Solicitor, Division of Surface Mining, U.S. Dept. of the Interior, 723
Kanawha Blvd., E., 9th Floor, Charleston, WV 25301 (Certified Mail)  

   Associate Solicitor, Office of Surface Mining Reclamation and Enforcement, U.S. Dept. of the Interior, Washington,
DC 20240 (Certified Mail)  

   Assessment Office - OSM, Room 215, So. Bldg., U.S. Dept. of the Interior, Washington, DC 20240