DATE:  June 28, 1993
CASE NO. 93-WPC-2

IN THE MATTER OF:

ARTHUR BENDER,
     COMPLAINANT,

v.

PROFESSIONAL SERVICE INDUSTRIES, INC.,
     RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT

     Before me for review is the Recommended Decision and Order
Approving Settlement Agreement and Dismissing Claim (R.D. and 0.)
of the Administrative Law Judge (ALJ) in this case arising under
the Water Pollution Control Act (WPCA), 33 U.S.C. § 1367
(1988), and the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), 42 U.S.C. § 9610
(1982).  Complainant filed a Motion to Dismiss with Prejudice
dated February 11, 1993, as well as a copy of the fully executed
Settlement Agreement and General Release, dated February 3, 1993. 
The ALJ approved the terms of the settlement agreement as fair,
adequate and reasonable, and recommended dismissal of the
complaint. 
     Review of the settlement agreement reveals that it appears
to encompass the settlement of matters arising under various laws
other than the WPCA and CERCLA.  As stated in Pou1os v.
Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-l, 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,
    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 its terms are a fair, adequate and reasonable

[PAGE 2]
settlement of Complainant's allegations that Respondent violated
the WPCA and CERCLA.
     Based on my review of the record and settlement agreement in
this case, I find that the terms are fair, adequate and
reasonable, and I accept the ALJ's recommendation to approve the
agreement.
     Accordingly, this complaint is DISMISSED WITH PREJUDICE.
See Motion to Dismiss with Prejudice

SO ORDERED.

                                            ROBERT B. REICH
                                            Secretary of Labor
Washington, D.C