The suit, filed with the US District Court for the Eastern District of Kentucky, names Simpson as controlling owner and operator as well as Simpson Mining and Motivation Enterprise Corporation, according to the agency’s statement released late last week.

The complaint, MSHA said, states that Simpson has “chronically failed” to pay the penalties and seeks that the defendants “be enjoined from failing to pay penalties for future violations” as well as be required to post bond to ensure future compliance.

MSHA acting administrator David Dye said the agency would “use all legal means to endure the deterrent effect of penalties,” and noted its pursuit of higher fines for violations that it recently took to the US Congress.

“The authority to assess and collect penalties is crucial to [our] mission of protecting miners’ safety and health, and we will exercise that to the full extent of the law,” he said.

Assessed penalties against the Perry County operations have been upheld by the Federal Mine Safety and Health Review Commission, the agency said, and those sites include:

Delphia mines (1988-2002) $122,304 in civil money penalties

Motivation Enterprise mine No. 1 (2004-present) $80,182

Mine No. 2 (2001-2004) $329,237

Mine No. 3 (2004-present) $44,319

MSHA announced in early February it was taking similar action against Pike County, Kentucky owners Misty Mountain Mining and Midgard Mining for failing to pay more than $80,000 in fines at six of its operations. That charge was also filed with the US District Court for the Eastern District of Kentucky and is pending.