On January 21, 1990, Administrative Law Judge (ALJ) Thomas
Schneider issued a Recommended Order of Dismissal in this case
which arises under the employee protection provisions of the
Toxic Substances Control Act (TSCA), 15 U.S.C. § 2622, and the
Solid Waste Disposal Act (SWDA), 42 U.S.C. § 6971 (1982), and the
Department's implementing regulations at 29 C.F.R. Part 24
(1989). I have held in these cases that "it is error for the ALJ
to dismiss a case without reviewing the settlement and making a
recommendation of whether the settlement is fair, adequate and
responable." Fuchko and Yunker v. Georgia Power Co., Case Nos.
89-ERA-9, 10, Secretary's Order to Submit Settlement Agreement
issued March 23, 1989, at 1-2. Judge Schneider, acting in
conformance with my holding, has reviewed the Settlement
Agreement submitted and signed by the parties, has determined
that it is reasonable and has forwarded his recommendation.
Review of the agreement reveals that it appears to encompass
the settlement of matters other than claims arising under the
TSCA. As stated in Poulos v. Ambassadors Fuel Oil Co., Inc., Case
No. 86-CAA-1, Secretary's Order, issued November 2, 1987, slip
op. at 2:
[Page 2]
[The Secretary's] authority over settlement agreements
is limited to such statutes as are within [the
Secretary's] jurisdiction and is defined by the
applicable statute. See Aurich v. Consolidated Edison
Company of New York Inc., Case No. [86-]CAA-2,
Secretary's Order Approving Settlement, issued July 29,
1987; Chase v. Buncombe County, N.C., Case No. 85-SWD-4,
Secretary's Decision and Order or Remand, issued
November 3, 1986.
I have, therefore, limited my review of the agreement to
determining whether its terms represent a fair, adequate and
reasonable settlement of Complainant's allegation that Respondent
violated the TSCA and the SWDA.
Upon review of the terms of the agreement signed by the
parties, I find that it is fair, adequate and reasonable. I
accept the ALJ's recommendation that the settlement be approved
and the case be dismissed.