Consent judgment closes mine outside of Trevorton
By rob Wheary
Published: March 26, 2011

WILLIAMSPORT - The No. 13 Slope Mine outside of Trevorton is closed, due to a consent judgment granted in U.S. District Court and agreed to by both parties.

According to court papers filed March 18, both the U.S. Department of Labor and Robert Shingara Coal Co., of Sunbury agreed to the permanent injunction against anyone working on the mine or its equipment.

According to the three-page injunction, signed by U.S. Middle District Court Chief Judge Yvette Kane and Shingara, the coal company is ordered not to violate any order issued by the Mine Safety and Health Administration, or not to interfere with, hinder or delay the Secretary of Labor or any authorized representative from carrying out authorized inspections.

Both sides also agreed to pay their own attorneys' fees, costs and other expenses incurred in connection with the matter.

The U.S. Department of Labor filed for the injunction on Jan. 29 after they found the company was accepting deliveries and supplying coal, after being cited for failing to install a wireless two-way communication and tracking system for use in an emergency, according to court documents, Shingara was required to submit an emergency response plan that provided for a wireless two-way communication and tracking system for use in an emergency. The plan was submitted and approved by MSHA on March 9.

Once a citation in violation of the MINER (Mine Improvement and New Emergency Response) Act is filed, if an operator refuses to correct the condition, MSHA has the authority to issue an order to stop all work at the mine. This was done on Sept. 15, according to the original filing, and was to remain in place until Shingara either took steps to secure the installation of the Matrix system or submitted an updated plan indicating the use of another system.

On Dec. 13, mine inspectors Gregory Mehalchick and Thomas Leshko traveled to the mine and observed that Shingara and his crew were working in violation of the order, observing freshly mined coal and freshly cut wooden props used for mining anthracite coal, MSHA reports.

The inspectors informed Shingara that they wanted to visit the underground explosives magazine for an inspection. Shingara allegedly refused to permit the inspectors to enter the area, claiming he did not have the key to the magazine on him, and that it was 15 minutes from the mine.

Through further discussion, Shingara admitted he had been working at the mine three days a week, according to the inspectors.

Shingara was cited on Dec. 13, again for working in violation of the order and for refusing to permit the inspectors to enter the explosives magazine. The mine operator then refused a request that inspectors review his mine map, MSHA reported.

Further investigation into the violation of the order turned up evidence that Shingara was delivering coal to a breaker to be processed between Sept. 15 and December and that he was accepting deliveries of explosives during that period.

The company let the inspectors in the magazine on Dec. 22, and one of the citations was terminated.

Diddnt that accidnet in West Virgina show the tracking systems are worthless ? Not to menion they are impractical in an anthracite mine ?

yep on both accounts but none of that matters when your friendly MSHA district manager and cronies have there own agendas that have nothing to do with safety but more to do with politics.

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"We don't look for any money all we look for is a little help and the only help we get is for the government to shut us down and if you go to the gas station and buy the gas you'll see why..........................you'll see why"

Here Here!!

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This ain't longwall... this is long hole!