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the current groundwater monitoring system at the Ivy landfill approved by the DEQ will be the • groundwater monitoring system for Cell 5 also; or (vi) modify the liner system in 9 VAC 20-80- 260 (B) (14), however, it is understood by the Parties, that the liner system that will be sought in the permit application for Cell 5 will substitute a composite synthetic drainage net in lieu of the 12 -inch sand and gravel drainage layer described in 9 VAC 20-80-260 (B) (14) (b) (5). This agreement to refrain from opposing the application for a permit for Cell 5 is extinguished by the granting or denial of a permit amendment for Cell 5 by DEQ and the exhaustion of all appeals that may arise from any grant or denial of said permit application. b. A permit is issued to the RSWA by DEQ, or any other applicable federal, state, local or regional governmental authority, to construct and operate a CDD waste disposal cell described in ¶ A. 2, above and identified as Cell 5 on Exhibit 1 attached hereto; C. This Settlement Agreement and Release by the Board of Directors • of the Rivanna Solid Waste Authority, the Board of Supervisors of Albemarle County, and by • the City Council of the City of Charlottesville is lawfully voted upon and approved; and d. The Court enters an Order that (1) approves the terms and conditions of this Agreement (2) incorporates this Agreement into its Order, and (3) dismisses the Action brought by the Plaintiffs as settled pursuant to the terms of this Agreement; 2. Notwithstanding the contingencies set forth in ¶ D.1., above, the following matters identified in ¶ D. 2. (a) to (d) below, shall be legally binding upon the Parties hereto: a. The RSWA's agreement not to land dispose of MSW or CDD waste in the area presently identified as Cell 4; b. The drinking water matters described in ¶ B. (3) and (4), above; 32