Date Issued: June 12, 1991
Case No: 91-SWD-3

In the Matter of

THOMAS RHODE,
    Complainant,

    v.

CITY OF WEST LAFAYETTE, INDIANA
    Respondent

Before: Daniel G. Rokettenetz
Administrative Law Judge

    This matter is before the undersigned pursuant to the Solid Waste Disposal Act, 42 U.S.C. 6971, the implementing regulations at 20 C.F.R. Part 24 and the Rules of Practice and Procedure before the Office of Administrative Law Judges at 29 C.F.R. Part 18.

    At the request of the parties, a settlement conference was conducted by the undersigned on June 6, 1991 at Indianapolis, Indiana. At the conference the parties reached a mutual resolution of the issues in dispute between them. On June 7, 1991 the parties submitted for approval an executed Settlement Agreement and Release. I have reviewed the proposed Settlement Agreement and Release and find that it is in accord with the desires of the parties as expressed to me at the settlement conference. Moreover, I find that the proposed Settlement Agreement and Release would be in the best interests of the Complainant and resolution of this matter effectuates the purposes and policies of the statute under which the proceeding arises.

    Having duly considered the matter, I make the following findings of fact and conclusions of law:

1. This Recommended Decision and Order Approving Settlement Agreement shall have the same force and effect as an order made after a full evidentiary hearing;

2. The entire record in this case shall consist solely of the Complaint, amended Complaint, Order of Reference and the Settlement Agreement and Release;

3. The parties are deemed to have waived any further procedural steps before the undersigned Administrative Law Judge; and,

4. The parties are deemed to have waived any right to challenge or contest the validity of this Recommended Decision and Order entered in accordance with the Settlement Agreement and Release.

    1) IT IS ORDERED, that the Settlement Agreement and Release be, and it hereby is, APPROVED.

    2) IT IS FURTHER ORDERED, in accordance with the agreement of the parties, that the proceedings in this matter be, and they hereby are, DISMISSED, with prejudice.

    3) IT IS FURTHER ORDERED, that the hearing heretofore scheduled in this matter be, and it hereby is, CANCELLED.

       DANIEL J. ROKETENETZ
       Administrative Law Judge