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EXHIBIT 5 <br />Joint Public Statement of the Plaintiffs and the Defendants <br />The Plaintiffs listed below and the Rivanna Solid Waste Authority (the "RSWA"), the <br />County, and the City have reached a comprehensive settlement of the lawsuit pending in <br />U.S. District Court in Charlottesville with respect to the activities associated with the Ivy <br />landfill. <br />A key term of the settlement is that the RSWA has agreed to modify its permit <br />amendment application pending before the Department of Environmental Quality (DEQ) <br />for a proposed CDD cell, identified as Cell 4, that was to be located in the northwest area <br />of the landfill. In lieu of Cell 4, the RSWA has agreed to apply to DEQ for a new CDD <br />cell, identified as Cell 5, in an area to the east of the withdrawn application for Cell 4. <br />The Plaintiffs listed below have agreed not to oppose the permit for this new CDD cell as <br />long as it is designed in accordance with the provisions of the settlement agreement. The <br />settlement also establishes voluntary measures designed to protect the water supplies of <br />the neighbors of the landfill and a mitigation plan to mitigate impacts from the future <br />operations at the site. <br />• 3. The Plaintiffs and the RSWA, the County and the City have committed to work together <br />through the mechanisms established in the settlement agreement to address concerns that <br />may arise in the future and to attempt to resolve them amicably. <br />Dan Burke <br />James Finnerty <br />Mark Stoler <br />Munsey Wheby <br />Martin Bass <br />Heather Clark <br />Laurice and Rebecca Batton <br />St. John the Baptist Episcopal Church <br />William J. and Dorothy Clark <br />William J. Clark, Jr. <br />William Rockwell <br />Peacock Hill Service Company <br />William and Patsy Hiter <br />Barbara Snead <br />Terry Turner <br />The RSWA <br />The County <br />The City <br />