T & T DARBY COAL CO. v OSM; Docket No. CH 9-5-R (January 8, 1979)

 TYPE: ALJ Hearing: Decision  

NAME: T & T DARBY COAL CO., Applicant v OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT (OSM), Respondent  

DATE: January 8, 1979  

CASE-NO: Docket No. CH 9-5-R  

PROCEEDING: Application for Review, Notices of Violation #78-I-11-1, and #78-I-18-5, Virginia Permit No. 1113  

COUNSEL: Appearances: Frederick Adkins, Esq., Cline, McAfee, Adkins & Gillenwater, Norton, Virginia, for
Applicant; 
 
Billy Jack Gregg, Esq., Office of the Solicitor, Department of the Interior, for Respondent OSM.  

OPINIONBY: Administrative Law Judge McGuire  

OPINION: DECISION  

   This is a proceeding under section 525 of the Surface Mining Control and Reclamation Act of 1977 (the Act),
following the timely filing of an application for review of notices of violations issued by the Office of Surface Mining
Reclamation and Enforcement, under section 521(a)(3) of the Act.  

   On June 22, 1978, pursuant to section 521(a)(3) of the Act, Respondent issued Notice of Violation No. 78-I-11-1,
alleging that Applicant had placed spoil on a downslope, in violation of 30 CFR 716.2(a)(1) and assessed a civil penalty
of $2,200.  On August 30, 1978, also pursuant to section 521(a)(3) of the Act, Respondent issued Notice of Violation
No. 78-I-18-5, in which it was alleged that Applicant had (1) failed to pass all surface drainage from a disturbed area
through a sedimentation pond or a series of sedimentation ponds before leaving the permit area, in violation of 30 CFR
715.17(a) and (2) had again placed spoil on a downslope, in violation of 30 CFR 716.2(a)(1), for which civil penalties
of $2,200 and $2,000 were assessed, respectively, for a total of $6,400 in civil penalties.  On October 13, 1978,
Applicant filed an application for review.  {2}
 
   A hearing was held before the undersigned in Abingdon, Virginia, on November 28, 1978, during which the parties
reached a settlement of all issues in dispute.  The civil penalties agreed upon totalled $3,500, or $900 for violation of 30
CFR 716.2(a)(1) under Notice of Violation No. 78-I-11-1 and $1,600 and $1,000 for violations of 30 CFR 716.2(a)(1)
and 30 CFR 715.17(a), respectively, under Notice of Violation 78-I-18-5.  

   ORDER  

   It is therefore ordered that the agreed upon civil penalties, in the total amount of $3,500, shall be paid by the Applicant
within 30 days from the date of this decision.  

   Joseph E. McGuire  
   Administrative Law Judge
 
Distribution:  

   Frederick Adkins, Esq., Cline, McAfee, Adkins & Gillenwater, P.C., Professional Arts Bldg., 1022 Park Avenue,
NW., Norton, VA, 24273 (Certified Mail)  

   Billy Jack Gregg, Office of the Field Solicitor, OSM, U.S. Department of the Interior, 950 E. Kanawaha Blvd.,
Charleston, WV 25301 (Certified Mail)  

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