According to the Associated Press, Sam told the victims’ families in a Utah court late Wednesday that he had hesitation regarding the approval of the deal with Murray Energy affiliate Genwal for a pair of misdemeanors stemming from safety standards violations that each carry a $250,000 maximum penalty.

“My initial take on this is outrage at the miniscule amount of penalty,” he was quoted by the AP.

“I want them to know I have wavered on whether to accept or reject this plea deal.”

The first count relates to the operator’s failure to report a significant coal outburst on March 10, 2007 that disrupted regular mining activity for more than an hour and caused the permanent withdrawal of miners from the area. Reporting such an event, and in a time period of 15 minutes, is required by US Mine Safety and Health Administration laws.

The second count alleges that Genwal violated health and safety standards in the Main West South Barrier area of the mine, an area previously prohibited from work by its MSHA-approved roof control plan.

The settlement ends the criminal case against Genwal that commenced more than four years ago; six miners and three rescuers died in two cave-ins at the underground operation. All of those killed remain buried in the mountain over the Carbon County complex.

Sam ordered the fine payment be made “immediately” and federal prosecutors reportedly have been asked by many why more punishment was not put forth. General criticism has been that the deal was too lenient, but the legal team said that misdemeanors were the only charges for which they felt sufficient evidence could be provided.

Lawyers for the miners’ families, the AP added, said prosecutors privately acknowledged a lack of evidence of the company’s criminal intent.

Also, the news wire said, Sam initially wanted to hold on a decision but felt that a delay would only extend the grief of the victims’ families and slow down the process for upcoming fines by federal regulators.

The US Mine Safety and Health Administration previously said it was awaiting the conclusion of the criminal probe to assess $1.6 million in penalties to Genwal and $200,000 to its mining engineering consultant Agapito Associates.

One of the families’ legal representatives, Colin King, told the Associated Press that he thought the operator “slipped through the cracks” and received only “minimal criminal sanctions”; furthermore, he told the paper officials have never apologized to the victims’ survivors.

“We are outraged that Genwal has received no serious sanctions or penalties for killing these nine people and maiming others,” he said.

“Some of the key witnesses are dead – or they aren’t talking,” he said. “Federal law should allow harsher penalties for willful violations of safety laws.”

US attorney for the District of Utah David Barlow announced the plea agreement last Friday by revealing his office had filed a two-count information charging Genwal with two criminal violations of Federal Mine Safety and Health Act regulations.

Barlow confirmed that the office had come to a plea agreement, with the operator agreeing to plead guilty to both counts and pay the maximum fine allowed of $250,000 per count. In its admission of guilt, the producer said it willfully did not report the March 2007 outburst in a timely manner and also admitted it was aware of the approved roof control plan amendment prohibiting mining at the barrier pillar in the No. 1 area of the mine.

Also under the plea agreement, the US Attorney’s Office will not bring other charges against Genwal or its associated companies, individuals, officers or directors, and particularly those related to the August 2007 accidents and the investigation.

Referrals for the collapse’s criminal investigations were made to the Department of Justice by the US Senate. MSHA also made a formal referral to the Justice Department requesting a criminal investigation.

The USAO conducted its own interviews as part of its investigation and consulted with mining experts.

“Criminal laws require a very high standard. After considering the evidence, the law, and the heavy burden of proof we must carry in court, the charges we filed today meet this high standard,” Barlow said.

“We recognize that nothing we can do will ever bring back the miners and rescuers who perished, restore the health of those who were injured during the rescue, or erase the nightmares that still haunt those who were first-hand witnesses to these tragedies.

“However, it is our hope that these charges, and the maximum penalties that come with them, will remind mining companies everywhere of the importance of obeying safety laws.”

In response to Barlow’s statement and the finalizing of the plea agreement, Genwal’s legal representative Fabian & Clendenin confirmed the operator’s guilty pleas and said that the deal reflects a lack of evidence that its conduct caused the accidents of August 7 and 16, 2007.

“Genwal has always maintained that its plan for mining the Crandall Canyon mine was safe – a belief that was shared by MSHA, which approved the plan, and the mine engineering firm on which Genwal relied.

“Resolution of this investigation avoids Genwal putting its former employees, their families, and members of the community at large through the ordeal of reliving the tragic events.”