DATE: November 20, 1991
CASE NO. 88-WPC-4

IN THE MATTER OF

TERRANCE E. JENKINS,
    COMPLAINANT,

    v.

CITY OF PORTLAND, BUREAU
OF PARKS AND RECREATION,
    RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

    On October 1, 1991, I issued an Order for Clarification in this case, and by letter dated october 22, 1991, Respondent's counsel, with Complainant's authorization, responded providing answers to the questions raised concerning the settlement agreement and request for dismissal. Based on the clarification thus provided and further review of the Settlement Hold Harmless Agreement and Release in Full of All Claims, I find that the terms of the agreement are a fair, adequate and reasonable settlement of Complainant's allegations that Respondent violated the Water Pollution Control Act, 33 U.S.C. §1367 (1988), and the Solid Waste Disposal Act, 42 U.S.C. § 6971 (1988).¹

Accordingly, I approve the agreement and accept the ALJ's recommendation to dismiss the case with prejudice, as jointly requested by the parties. See Respondent's letter of October 22, 1991.

    The complaint is dismissed with prejudice.

    SO ORDERED.

       LYNN MARTIN
       Secretary of Labor

Washington, D.C.

¹ As noted in the Order for Clarification at 2, review of the agreement is limited to determining whether the terms are a fair, adequate, and reasonable settlement under these two statutes.