DATE: February 6, 1995

CASE NO.: 94-TSC-2

IN THE MATTER OF

CURTIS THORNTON,
     COMPLAINANT

v.

BURLINGTON ENVIRONMENTAL
AND PHILLIP ENVIRONMENTAL
     RESPONDENTS

RECOMMENDED DECISION AND ORDER APPROVING
SETTLEMENT AND DISMISSING CLAIM WITH PREJUDICE

     Complainant filed a series of letters with the Department of
Labor (DOL) constituting his complaint against the Respondent
herein under the Toxic Substances Control Act (TSCA), 15 U.S.C.
§2622 et. seq. and its implementing regulations at 29 C.F.R.
§24 et. seq.  Complainant requested a hearing on or about
February 25, 1994.  A Notice of Hearing and Pre-Hearing Order #1
was issued on or about March 7, 1994.  The hearing was originally
scheduled for August 1, 1994 in Houston, Texas, however, said
hearing was continued at the request of the parties.  Discovery
has taken place.  Trial was to commence February 6th, through the
10th, 1995 in Houston, Texas.
     On or about February 1, 1995, I was notified that the
parties have entered into amicable settlement and executed a
Stipulation for Dismissal, a copy of said Settlement Agreement
and Release of Liability is attached herewith.  I note in
paragraph 4 of the Settlement Agreement, Complainant agrees that
all conversations, proceedings, testimony, documents, pleadings,
correspondence, materials and negotiations in the case and all
the terms of the release shall be kept confidential by him and
further he expressly agrees to return to the Respondent all
documents considered confidential provided to him during
discovery.  I note further that the parties do not request that
the settlement terms be sealed nor has there been any request by
the parties for predisclosure notification.
     Pursuant to the Settlement Agreement, Respondent has agreed
to pay Complainant a sum of money and in return, Complainant who
is pro se, has executed a stipulation for dismissal of the case
with prejudice waiving costs of litigation and attorney fees.  
[PAGE 2]
Complainant also agreed that he will never again apply for or
seek employment with Respondent.
     Upon review of the discovery material provided to me and
upon review and consideration of the provisions of the Settlement
Agreement and Release, I find that their terms are fair, adequate
and reasonable and accordingly it is recommended:

1. That the Secretary of Labor approve of the settlement in
accordance with 29 C.F.R. 524.


MICHAEL P. LESNIAK
Administrative Law Judge