DATE: October 14, 1998

CASE NUMBER 98-SDW-2

In the Matter of

BRIAN C. RIMAR,
    COMPLAINANT,

    v.

ENVIRONMENTAL PROTECTION AGENCY,
    RESPONDENT.

   The above-captioned matter arises under 42 U.S.C. §300j-9(i), the employee protection provision of the Safe Drinking Water Act, as amended. On October 13, 1998 the parties submitted a proposed settlement agreement that, if approved, would resolve all disputed issues, including costs and attorney's fees, and allow for the dismissal of this matter with prejudice.

   As required by the relevant regulations and statutory provisions, I have carefully reviewed the entire agreement. After doing so, I have concluded that the terms of the agreements are, in fact, fair, adequate and reasonable. I therefore recommend that the agreement be approved.

   Accordingly, it is recommended:

   1. That the Secretary of Labor or his designees on the Administrative Review Board approve the settlement agreement;

   2. That the claim of Brian Rimar against the above-referenced respondent be dismissed with prejudice.

      Paul A. Mapes
      Administrative Law Judge

NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary of Labor unless, pursuant to 29 C.F.R. §24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Such petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§ 24.8 and 24.9, as amended by 63 Fed. Reg. 6614 (1998).