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MSHA suing operator for delinquent fine monies

THE US Mine Safety and Health Administration said Wednesday afternoon it plans to sue a Kentucky mine operator for more than $US140,000 in unpaid civil penalties.

Donna Schmidt

Little Ty Coal is on the other side of the docket from the agency, which is seeking $146,431 for fines associated with 309 violations at its mines as well as interest and nonpayment penalties.

The company did not contest any of the violations within the outlined 30-day period following their issuance, making the penalties final and binding. The citations encompass a period from September 2004 to March 2007, the agency said.

“We will use all the tools available to us under the Mine Act to collect civil penalties. We hope this legal action will compel Little Ty Coal to pay its debt and end its practice of ignoring monetary penalties,” said MSHA assistant secretary Richard Stickler in a media statement.

Little Ty owns three underground mines in the state.

In the last 15 months, the agency has filed four other federal lawsuits for delinquent monies from operators. The suit against Little Ty was filed in the US Court of Appeals for the Sixth Circuit.

MSHA also said Thursday it had reached an agreement with Kentucky mine operator Stanley Osbourne to ensure all future penalties assessed to his operations are paid. Specifically, Osbourne must post a “cash performance bond” totalling $20,000 as a guarantee for those future violations.

“If any penalties are not paid, the amount of the final penalties will be taken from the bond, which will need to be replenished to its full amount,” the agency said.

“We believe that this enforcement action and outcome will send a strong signal to all mine operators who refuse to comply with orders to pay civil penalties for violations of the Mine Act.

“Our agency will aggressively enforce orders to pay civil penalties for safety and health violations, and operators will not be allowed to jeopardise the safety and health of America's miners with impunity.”

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