DATE:  June 19, 1995
CASE NO. 92-WPC-5


IN THE MATTER OF

RICHARD S. MARCHESE,

          COMPLAINANT,

     v.

CITY OF EASTON,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT

     Before me for review is the Recommended Order Dismissing
Complaint issued May 17, 1995, by the Administrative Law Judge
(ALJ) in this case, under the employee protection provision of
the Federal Water Pollution Control Act (WPC). 33 U.S.C. §
1251 (1988).  The ALJ found the Settlement Agreement and Joint
Tortfeasor Release submitted by the parties to be fair, adequate
and reasonable. See Fuchko and Yunker v. Georgia Power
Co., Case Nos. 89-ERA-9, 89-ERA-10, Sec. Order, Mar. 23,
1989, slip op. at 1-2.  The ALJ recommended that the agreement be
approved and the case dismissed with prejudice.
     Review of the agreement reveals that it encompasses the
settlement of matters under laws other than the WPC. [1] 
  See Settlement Agreement, Section 1.  As
stated in Poulos v. Ambassador Fuel Oil Co., Inc.,
Case No. 86-CAA-1, Sec. Order, Nov. 2, 1987, slip op. at 2:
     [The Secretary's] authority over settlement agreements is
     limited to such statutes as are within [the Secretary's]
     jurisdiction and is defined by the applicable statute.
     See Aurich v. Consolidated Edison Company of New
     York, Inc., Case No. [86-]CAA-2, Secretary's Order
     Approving Settlement, 
[PAGE 2]
     issued July 29, 1987; Chase v. Buncombe County,
     N.C., Case No. 85-SWD-4, Secretary's Order on Remand, issued 
     November 3, 1986.
I have therefore, limited my review of the agreement to
determining whether the terms thereof are a fair, adequate and
reasonable settlement of Complainant's allegation that the
Respondent violated the WPC.
     Upon review of the terms of the agreement signed by the
parties, and based on the record of this case, I find that the
agreement is fair, adequate and reasonable.  I therefore accept
the ALJ's recommendation that the agreement be approved.
Accordingly, this case is DISMISSED WITH PREJUDICE.  Settlement
Agreement, Section 4.
     SO ORDERED.

               ROBERT B. REICH
               Secretary of Labor

Washington, D.C.


[ENDNOTES]
           
[1]   The terms of the agreement pertain to three other cases
instituted by the Complainant against the Respondent, as well as
the case before me.