2000_Resolutions - Laserfiche WebLink

Home Browse Search

discretion may deem appropriate under the circumstances. Ivy Landfill Settlement Advisory Committee. It is the intention of the Parties to attempt to amicably resolve any issues with respect to compliance with this Agreement, including but not limited to disputes that may arise regarding compliance with the phasing, landscaping, buffering and mitigation practices identified on Exhibits 1 and 2, that are not subject to a specific alternative dispute resolution mechanism identified in other provisions of this Agreement. In furtherance of this goal, the Parties agree to create and utilize for such purposes the Ivy landfill Settlement Committee (the "Settlement Committee") described below. The Settlement Committee shall serve as an advisory committee to the RSWA Board of Directors with respect to issues arising under this Agreement. The • Parties agree to use their best efforts to utilize the Settlement Committee as a dispute resolution • mechanism by first discussing any concerns with respect to compliance with this Agreement, including the matters described in this paragraph with respect to Exhibits 1 and 2, hereto, or other issues, before bringing the matter to the Court under this Agreement for resolution or lodging a complaint with the DEQ or the EPA. This mechanism is not mandatory, but its use is strongly encouraged unless circumstances make its use inappropriate. The Settlement Committee shall consist of a total of five (5) individuals. Two of the individuals shall be appointed by the Plaintiffs and two of the individuals shall be appointed by the RSWA. The fifth individual, who shall serve as chair of the Settlement Committee, shall be selected by the unanimous decision of the other four members of the Settlement Committee. If the four members of the Settlement Committee are unable to agree upon the fifth, then each of 35 court for an alleged breach of the Order of Dismissal; (ii) modifying the provisions of the • Agreement; or (iii) such other remedies that the Court through the exercise of its sound discretion may deem appropriate under the circumstances. Ivy Landfill Settlement Advisory Committee. It is the intention of the Parties to attempt to amicably resolve any issues with respect to compliance with this Agreement, including but not limited to disputes that may arise regarding compliance with the phasing, landscaping, buffering and mitigation practices identified on Exhibits 1 and 2, that are not subject to a specific alternative dispute resolution mechanism identified in other provisions of this Agreement. In furtherance of this goal, the Parties agree to create and utilize for such purposes the Ivy landfill Settlement Committee (the "Settlement Committee") described below. The Settlement Committee shall serve as an advisory committee to the RSWA Board of Directors with respect to issues arising under this Agreement. The • Parties agree to use their best efforts to utilize the Settlement Committee as a dispute resolution • mechanism by first discussing any concerns with respect to compliance with this Agreement, including the matters described in this paragraph with respect to Exhibits 1 and 2, hereto, or other issues, before bringing the matter to the Court under this Agreement for resolution or lodging a complaint with the DEQ or the EPA. This mechanism is not mandatory, but its use is strongly encouraged unless circumstances make its use inappropriate. The Settlement Committee shall consist of a total of five (5) individuals. Two of the individuals shall be appointed by the Plaintiffs and two of the individuals shall be appointed by the RSWA. The fifth individual, who shall serve as chair of the Settlement Committee, shall be selected by the unanimous decision of the other four members of the Settlement Committee. If the four members of the Settlement Committee are unable to agree upon the fifth, then each of 35