OFFICE OF SURFACE MINING RECLAMATION & ENFORCEMENT
For Release May 22, 1992
Alan Cole (202) 208-2719

SURFACE MINING VIOLATION CASES SETTLED WITH MAJOR COAL COMPANY

Federal surface mine regulators and a major coal company today
announced resolution of a large number of old surface mining
enforcement cases, clearing the way for company affiliates to get
new permits.

The Interior Department's Office of Surface Mining Reclamation and
Enforcement (OSM) and the A.T. Massey Coal Company said that the
agreement is the culmination of negotiations over six months aimed
at resolving the cases.

The agreement was concluded after A.T. Massey Coal Company provided
a list of over 300 mine sites for review by OSM.  The company
agreed to assist in the reclamation of one site in Tennessee, pay
$6,750 in civil penalties, and pay about $179,000 into the
Abandoned Mine Reclamation Fund.

In exchange, OSM is closing the books on the violations and the
debts covered by the agreement.  In addition, Massey and its
affiliates will not be blocked from receiving new coal mining
permits.

OSM Director Harry M. Snyder hailed the agreement as a positive
resolution of potentially serious disputes that otherwise could
have involved the government ~nd the coal company in court action
that would have been costly and time-consuming for both parties.

"Negotiators on both sides are to be commended for facing the
pertinent issues head-on, sticking to them, and seeing the
discussions through to a successful conclusion,  Snyder said.

"A.T. Massey's willingness to accept responsibility for these
cases, and the company's forthrightness in working out a practical
agreement with federal surface mining regulators, are extremely
welcome," Snyder added.   "The government negotiators are to be
congratulated as well for their work in reaching a fair, workable
agreement."

The potential dispute between the regulators and the coal company
centered on the issue of "ownership and control" as defined by OSM
regulations.  The Surface Mining Control and Reclamation Act blocks
the issuance of permits if the applicants are responsible for
unresolved violations or unpaid fees and fines.  Permits are also
blocked whenever an applicant has certain ownership or control
relationships with a person or entity responsible for outstanding
violations.

In the agreement, Massey denies that it or its subsidiaries
actually owned or controlled any of the companies with violations
linked to it by OSM. However, to resolve the matter and avoid
costly litigation, Massey agreed to accept OSM's ownership and
control definitions, limiting that acceptance to the purposes of
the agreement with OSM only.

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