Petition - Docket No. M-2017-009-C

DEC 4 2019

In the matter of:                                               Petition for Modification
Hamilton County Coal, LLC
Mine No. 1
ID No. 11-03203                                              Docket No. M-2017-009-C
 

PROPOSED ORDER OF DISMISSAL

On May 18, 2017, Hamilton County Coal, LLC, filed a petition under Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C.  § 811(c) and 30 CFR Part 44. The petition sought a modification of the application of mandatory safety standard 30 CFR § 75.382, at the Petitioner's Mine No. 1 located in Hamilton County, Illinois. The petitioner is seeking to modify the application of 30 CFR § 75.382 to permit through the use of alternative safety measures the use of the slope belt conveyor as a mechanical escape facility at Mine No. 1.

The Petitioner has provided two separate and distinct escape ways as required by 30 CFR§ 75.380 that is connected to a cage hoist facility and a dual compartment slope that contains a slope car hoist in the lower track compartment and a belt conveyor in an isolated upper compartment. Consequently the petitioner's compliance with mandatory safety standard § 75.382, the Secretary has determined that the proposed alternative method of achieving the result of such standard already exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard, and that the application of such standard to such mine will not result in a diminution of safety to the miners in such mine. Therefore, a petition for modification is not warranted.

On June 25, 2019 and August 9, 2019 joint conference calls were held between Hamilton County Coal, LLC, District 8 personnel and the Division of Safety for Coal Mine Safety and Health to discuss the petition for modification Docket 2017-009 for Mine No. 1.

During these conference calls it was agreed that Hamilton County Coal, LLC will revise their Emergency Response Plan (ERP) and develop safety procedures on how the slope belt will be incorporated and utilized during an emergency situation to provide miners safe passage out of the mine during an emergency.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Hamilton County  Coal, LLC's Petition  for Modification of 30 C.F.R. § 75.382 at the Mine No. 1 is hereby:

DISMISSED.

Any party to this action desiring a hearing on this matter must file in accordance with 30

C.F.R. Part 44 within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 201 12th Street South, Arlington, Virginia 22202-5452.

If a hearing is requested, the request shall contain a concise summary of position concerning the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law at issue in the petition, and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the Order of Dismissal will become final.

                      /s/                  
Stephen J. Gigliotti
Chief, Safety Division for
Coal Mine Safety and Health

Certificate of Service

I hereby ce1iify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provided by other electronic means this      5th     day of   December            , 2019, to:

Mr. Gary Thweatt General Manger
18033 County Rd. 500 East
Dahlgren, IL 62028
Gary.thweatt@arlp.com

                 /s/                     
Michele Gussie
Secretary

cc: Tom Benner, Director, Office of Mines and Minerals Illinois Dept. of Natural Resources One Natural Resources Way Springfield, IL 62702-1271 DNR.MMLRD@illinois.gov