Document p2rBwBkQZOwozerG0xxVpeaa

U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND FEALTH ADMINISTRATION In the Matter of: THE DOE RUN COMPANY, A Joint Venture Composed of St. Joe Minerals Corp. as 57.5% owner and Fbmestake Lead Company as 42.5% owner OSHA Numbers: 100049147 and 103121984 BEGBMAL SEIimEMX AmmMI The undersigned Employer and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the above citations and penalties which were issued on February 11, 1988, hereby agree as follows, except that this agreement does not cover Item 7 of Citation for Other-than-serious violations, Number 3, which is contested by the employer: 1 . Employer agrees to correct the violations as cited in the above citations or as amended below. 2. The Employer agrees to pay the proposed penalties, as issued with the above citations and Notification of Failure to Abate, or, if amended by this agreement, as amended below, in the total amount of $1,250,000.00 upon the signing of this agrement. 3. OSHA agrees that the following citations and penalties are being amended as shown below: Inspection No. 103121984, Willful Citation #1, as amended^ and attached hereto. Inspection No. 100049147, Serious Citation #1, Willful Citation #2, and Other, Citation #3, as amended and attach ed hereto; and Notification of Failure To Abate (referenc ing Citation No . 8, Item 2 of original Inspection #217623685) with abatement dates modified for each instance as follows: Ref. (a) Sinter Plant Rail Car Transfer; (1 ) Install operators booth by 4/18/88 (2) Partially enclose area by 7/01/88 (3) Pour additional concrete by 7/01 /88 (4) Ventilate transfer point by 8/01 /89 Ref. (b) CV-9 to CV-12 Transfer ventilation; complete engineering by 04/21/88 Ref. (d) General Refinery Ventilation; complete installation of the first fan by 5/18/88 Ref. (e) (2) Retort Ventilation; repair by *4/18/88 Ref. (e)(3) Conveyor Coveron CV-33, complete by 7/26/88 Ref. (e)(*4) Conveyor Coveron CV-35, complete by 5/01 /88 Ref. (e) (5) Conveyor Coveron CV-36, complete by 7/26/88 Ref. (e) (6) Conveyor Coveron CV-37, complete by 7/26/88 Ref. (e)(8) Conveyor Cover to be replaced by redesigned wider, deeper trough conveyor which will control emissions by controlling spillage by 07/26/88. Ref. (e)(9) Conveyor Cover on CV-13, complete by 7/26/88 *4. The employer, by signing this informal settlement agreement, hereby waives its rights to contest the above citations. Notification of Failure To Abate, and penalties, as amended in paragraph 3 of this agreement. 5. The employer agrees to immediately post a copy of this Settlement Agreement in a prominent place at or near the location of the violation(s) referred to in paragraphs 3 above. This Settlement Agreement must remain posted until the violations cited have been corrected, or for 3 working days (excluding weekends and Federal Holidays), whichever is longer. 6. The employer agrees to continue to comply with the applicable provisions of the Occupational Safety and Health Act of 1970, and the applicable safety and health standards promulgated pursuant to the Act. 7. By entering into this agreement, the employer does not admit that it violated the Occupational Safety and Health Act of 1970 or any standards promulgated thereunder as alleged in the citation, but does agree that the citations, Notification of Failure to Abate, and the proposed penalties as amended by this Settlement Agreement * shall become a final order within the meaning of the Act upon the --.. signing of this agreement. The employer states that it is entering into this Informal Settlement Agreement to avoid the inconvenience and expense associated with contesting the citation and as evidence of its desire to cooperate with OSHA. 2 8. A Petition for Modification of Abatement Dates for the items listed in the Notification of Failure to Abate was submitted for con sideration . Based on discussions between the parties and re presentatives of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, hereafter "Local 688," concerning this petition, the dates are modified as described in paragraph 3 above. The parties further agree that the Secretary is entitled to an Order under Section 11 (b) (29 USC 660(b )) of the Act in the 8th Circuit Court of Appeals enforcing the abatement dates as amended hereby for these items, or as may be modified by any future abatement extensions granted under the Act. The employer agrees that it will not oppose the Secretary's petition for such an order and will consent to the entry of such an order. 9. Local 688 by its signature hereto states that it agrees to the abatement dates set hereby and waives its rights under the Act to contest the same. 10. Each party hereby agrees to bear its or her expenses (including attorney fees) incurred by them in connection with any stage of this proceeding. For Occupational Safety And Health Administration 3- - jy Date *