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Mr. PRICE. Waynesburg.

Senator WILLIAMs. That is part of your training to know who to report to?

Mr. PRICE. Yes, we have that.

Senator Williams. Excuse me. Now you were going to develop something, Mr. Bishop.

Mr. BISHOP. I want to read these things for the record and we hope you will look into them if you don't mind. The first thing here is about when a Federal inspector comes to our mine the thing that he does when he finds a violation he only charges the company $25.

Senator WILLIAMS. Frankly, I missed that. What did you say?

Mr. Bishop. Whenever a Federal inspector comes and makes an inspection in our mine, he finds a violation, he tells us what he found and he penalizes the company $25, that is all. Each time he comes there, the company is glad to pay $25.

Mr. Ozonish. At first the penalty was up to $5,000 at one time, Senator. This penalty was dropped by this ruling. They dropped this penalty down to $25. It used to be up to a $5,000 penalty on different violations.

Mr. Bishop. Yes, and then these people would go along more readily if they were stopped and just fined $25.

Senator WILLIAMS. It does not say $25 in the law.

Mr. Bishop. No; but that is all that they fine them out there. We have the record of it.

Mr. PRICE. The same way at our place, isn't it, Tommy?
Mr. OZONISH. I don't know if I have that or not.

Senator WILLIAMS. As I recall it the penalty could be fixed to match the seriousness of the offense.

Mr. O'BROCHTA. Right.

Senator WILLIAMS. In other words, that is what we call an administrative matter that they have under the law the latitude to fine $25 if it is very minor, if it is an infraction in mining. On the other hand, if it is a major violation—what was the violation on this one? Violationi No. 7. This is the $25 fine.

Mr. PRICE. He will pay that all the time. I say that should be a heavier fine.

Senator WILLIAMS. Here it is. "The condition or practice was automatic brakes were not provided on the locomotive used in the mine."

Mr. BISHOP. Took almost 6 years to get that.
Mr. Price. That is another thing.

Mr. Ozonish. Senator, this is one of the spot inspections the inspector had made since the ruling was handed down by that judge.

Senator WILLIAMS. Without objection, it will be inserted into the hearing record at this point.

(The material referred to follows:)

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APPLICATION FOR REVIEW AND DEMAND FOR PUBLIC HEARING RELATED TO (ORDEXXØR NOTICE)

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This is an application for review and demand for public hearing under the provisions of PO 91-173 on the order or notice identified above for reasons involved, but not limited to the following:

Impossibility of compliance or abatement under present circumstances..
Unreasonable period of time for compliance or abatement.

No factual or legal basis for finding the violation indicated in the
said notice.

Any civil penalties afforded with the above notice or order is automatically contested. All rights of the undersigned to contest the legal and constitutional validity of the above notice or order are reversed and relied on and none is reserved.

Anné dansk

Signed

Title

Attorney

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Notice is hereby given that the undersigned authorized representative of the Secretary of the Interior upon making an inspection of this mine on

1970, finds, in accordance with Soc. 101.(b), or 104.(i), of the Federal Coal Mind Health and Safety Act of 1969 (P.L. 91-173), a violation of the mandatory health or safety standard set forth in Section 7518?4% of the act or C Regulations promulgated by the Secretary of the Interior.

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The foregoing violation shall bor totally abated by 2 o'clock it a.m. Op.m. oudestinluidla. 190.

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NOTE:

Keview of thio Notice pursuant to Sec., 105.(n) of the Act may be made upon application to the Board of Mine Operations Appeals

Form 100. (b) of 191.11) Notin

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Notice is hereby given that, by reason of the violation or violations described in Order of Withdrawa? No:

dated

19 or Notice of Violation No.-2 dated_1!!" 2 19? you are subject to a civil penalty in an amount not to exceea 77 $10,000 or O 250, in accordance with Section 109 of the Federal Coal Mine Health and Safety Act of 1969 (P.L. 91-173). Unlocs, within thirty (30) days after receipt of said Order of Withdrawal or Notice of Violation, you make payment to the Bureau of Mines ofiice indicated below in the amount of $??. as provided in the schedule set forth below, a copy of said Order of Hitzurural or Notice of Violation will be filed, in accordance with regulations proculgated by the Secretary of the Interior, with the Board of Mine Operations Appeals, for the assessment by the Board of a civil penalty under the Act.

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