On September 28, 1989, Administrative Law Judge (ALJ)
Ainsworth H. Brown issued a Recommended Decision and Order in the
captioned case which arises under the employee protection
provision of the Safe Drinking Water Act, 42 U.S.C. § 300j - 9(i)
(1982) (SDWA). The ALJ's recommended decision found merit to the
complaint and ordered Complainant's reinstatement and other
relief. On January 17, 1990, while the case was pending my final
review, see 24 C.F.R. § 24.6 (1989), counsel for Respondent
provided notice that a settlement had been reached. Thereafter,
on March 6, 1990, I ordered that the settlement be submitted for
review in order to determine whether its terms are fair, adequate
and reasonable and, as such, constitute proper grounds for
dismissal of the case. On March 19, 1990, counsel for Respondent
submitted a copy of the Settlement Agreement and General Release
(the agreement) dated January 17, 1990, and signed by Complainant
individually and by counsel for Respondent.
The terms of the agreement have been thoroughly reviewed.
[Page 2]
I note that the agreement appears to encompass the settlement of
matters arising under various laws, only one of which is the
SDWA. See, e.g., Settlement Agreement and General Release para. 1.
For the reasons set forth in Poulos v Ambassador Fuel Oil Co.,
Inc., Case No. 86-CAA-1, Sec. Order, November 2, 1987, slip op.
at 2, I have limited my review of the agreement to determining
whether its terms are a fair, adequate and reasonable settlement
of Complainant's allegations that Respondent violated the SDWA.
Upon review of the terms of the agreement, I find that they are
fair, adequate and reasonable. Accordingly, the complaint in
this case is hereby DISMISSED.
