30 C.F.R. § 75.400
Accumulation of combustible materials
Coal dust, including float coal dust deposited on rock-dusted surfaces, loose coal, and other combustible materials, shall be cleaned up and not be permitted to accumulate in active workings, or on diesel-powered and electric equipment therein.
Notes of Decisions
Cited in 11
cases, 1974–2016 · leading case: United States v. Finley Coal Co., a P'ship & Charles Finley, an Individual, 493 F.2d 285 (6th Cir. 1974).
United States v. Finley Coal Co., a P'ship & Charles Finley, an Individual, 493 F.2d 285 (6th Cir. 1974). “811 in promulgating the regulations codified in 30 C.F.R. 75.400. 4 Count 7 charged willful violations of 30 U.”
Black Beauty Coal Co. v. Fed. Mine Saf. & Health Review Comm'n, 703 F.3d 553 (D.C. Cir. 2012). “KAREN LeCRAFT HENDERSON, Circuit Judge: Petitioner Black Beauty Coal Company (Black Beauty) petitions for review of an order of the Federal Mine Safety and Health Review Commission (FMSHRC) adopting the findings of its administrative law judge (ALJ) that: (1) Black Beauty…”
Int'l Union, United Mine Workers v. Kleppe, 532 F.2d 1403 (D.C. Cir. 1976). “§ 814 (c)(1), finding that the accumulation of loose coal and coal dust in the Williamson County, Illinois mine amounted to a violation of 30 C.F.R. § 75.400 . 2 A subsequent inspection on May 11, 1972, resulted in the 10 a.”
Knox Creek Coal Corp. v. Sec'y of Labor, 811 F.3d 148 (4th Cir. 2016). “In addition to the above permissibility violations, Knox Creek contests the Secre *155 tary’s S & S designation of an “accumulations” violation under 30 C.F.R. § 75.400 , which requires that “[c]oal dust .”
Utah Power & Light Co., Mining Div. v. Sec'y of Labor & Fed. Mine Saf. & Health Review Comm'n, 951 F.2d 292 (10th Cir. 1991). “801(g)(1), the current mandatory safety standards promulgated include 30 C.F.R. 75.400, in the very words of Section 304(a) quoted above; and also 30 C.”
Sec'y of Labor, Mine Saf. & Health Admin. v. Fed. Mine Saf. & Health Review Comm'n & Jim Walter Resources, Inc., 111 F.3d 913 (D.C. Cir. 1997). “30 C.F.R. § 75.400 . The regulation does not prohibit such accumulations in inactive areas.”
Rosebud Mining Co. v. Mine Saf. & Health Admin., 827 F.3d 1090 (D.C. Cir. 2016). “” 30 C.F.R. § 75.400 -l(b). 14 . MSHA regulations do not define the term "in suspension” but the parties stipulated that it means dust “suspended in the air during mining.”
Buck Creek Coal, Inc. v. Fed. Mine Saf. & Health Admin., & Robert Reich, Sec'y of the United States Dep't of Labor, 52 F.3d 133 (7th Cir. 1995). “According to the citation, the accumulation violated 30 C.F.R. § 75.400 , which provides: Coal dust, including float coal dust deposited on rock-dusted surfaces, loose coal, and other combustible materials, shall be cleaned up and not be permitted to accumulate in active…”
Mach Mining, LLC v. Sec'y of Labor, 809 F.3d 1259 (D.C. Cir. 2016). “On October 30, 2008, Mach received a citation for violating 30 C.F.R. § 75.400 , which provides that “[c]oal dust, including float coal dust deposited on rock-dusted surfaces, loose coal, and other combustible materials, shall be cleaned up and not be permitted to accumulate in…”
Contractor's Sand & Gravel, Inc. v. Fed. Mine Saf. & Health Review Comm'n, 199 F.3d 1335 (D.C. Cir. 2000). “The Commission, acting far more lawfully than in the case before us, rejected the Secretary’s attempt to penalize accumulations not violating the rules.”
Windsor Coal Co. v. Sec'y of Labor (4th Cir. 1998). “4 Following the inspection, the Inspector issued a Section 104(d)(1) citation4 for a violation of the mandatory safety standard of 30 C.F.R. § 75.400 , which prohibits coal dust accumulations in the active work- ings of the mine.”
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