Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202
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Issue Date: 21 January 2004
Case No. 2003-SDW-2
In the Matter of
ERIN O'DONNELL,
Complainant,
v.
PRIMAX RECOVERIES, INC.,
Respondent.
RECOMMENDED DECISION AND ORDER APPROVING SETTLEMENT AGREEMENT
This proceeding arises from a complaint filed against Primax Recoveries, Inc. alleging violations of the Safe Drinking Water Act of 1974, Public Law 93-523, Section 1450(i)(1)(A-C), 42 U.S.C. § 330j-9(i) and Section 23 of the Toxic Substance and Control Act of 1976, Public Law 94-469, Section 23(a)(1-3), 15 U.S.C. § 2622.
On January 5, 2004, the parties submitted to the undersigned a Settlement Agreement for approval, duly executed by all parties to this litigation, attached hereto and made a part hereof. I have reviewed the agreement and I enter the following findings:
1. The agreement appears to be fair and reasonable on its face and it further appears that it effectuates the purposes and policies of the statute under which it arises;
2. This Decision and Order shall have the same force and effect as one made after a full hearing on the merits;
3. The entire record on which this Decision and Order is based consists solely of the Complaint and the Settlement agreement before the parties; and,
4. The parties are hereby deemed to waive any further procedural steps before the undersigned or the Secretary of Labor, as appropriate, regarding the matters which are the subject of their agreement.
Based on the foregoing and in accordance with the agreement of the parties, IT IS ORDERED that:
1. The Settlement Agreement be, and it hereby is, APPROVED;
2. The Complaint in this matter be, and it hereby is, DISMISSED, with prejudice; and,
3. IT IS FURTHER ORDERED that the hearing scheduled for February 25, 2004 is CANCELLED.
DANIEL J. ROKETENETZ
Administrative Law Judge
NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary 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 a 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. §§ 24.7(d) and 24.8.
