TRANSMITTAL LETTER FOR BOARD MEETING OF JUNE 6, 2013
COMMITTEE ON JUDICIARY
Mr. David St. Pierre, Executive Director
Title
Authority to settle In Re: LBH Industries, Inc. d/b/a Scott Plating, DA No. 12394.5.4 (Appeal of Denial of Request for Renewal of Discharge Authorization)
Body
Dear Sir:
The Metropolitan Water Reclamation District of Greater Chicago ("District") and LBH Industries, Inc, d/b/a Scott Plating ("LBH") have reached a settlement of an appeal arising out of the District's Director of Monitoring and Research's ("M&R") denial of LBH's Request for Renewal of Discharge Authorization No. 12394.5.4, thereby eliminating the need for a contested hearing on the matter.
LBH appealed M&R's denial of its request to renew its Discharge Authorization due to delinquent User Charges for the years 2010 and 2011 as well as Non-Compliance Enforcement ("NCE") charges for the years 2008-2012 and Late Filing Fees ("LFF") for the years 2011-2012, in the total amount of $26,534.47. On February 27, 2013, a Pre-Hearing Conference was held before Hearing Officer James A. Thomas. At the Pre-Hearing Conference and a subsequent telephone conference, LBH and the District agreed to a monthly payment plan, whereby LBH will pay one hundred percent of the amounts owed to the District, subject to the approval of the Board of Commissioners.
LBH has already made a lump sum payment of $7,500.00, which extinguished the User Charge liabilities for 2010 and 2011. LBH will pay the remaining balance of $19,034.47 for NCE charges and LFFs in monthly installments of $1,000.00, payable on the last business day of each month, beginning on May 31, 2013 to and including December 31, 2014, with a final payment of $34.47 due on January 30, 2015.
M&R has reviewed the settlement and has no objection to same and Hearing Officer James A. Thomas has approved the settlement on these terms. LBH has executed a Settlement Agreement on the above-stated terms. M&R will issue a six month Discharge Authorization after approval of the Settlement Agreement by the Board.
Therefore, the General Counsel requests that the Board of Commissioners approve the settlement of In Re: LBH Industries, Inc. d/b/a Scott Plating, DA No. 12394.5.4 (Appeal of Denial of Request for Renewal of Discharge Authorization) and for authority to execute such documents as may be necessary to effect same.
Requested, Ronald M. Hill, General Counsel, RMH:LLD:MTC:PS:bh
Respectfully Submitted, Mariyana T. Spyropoulos, Chairman Committee on Judiciary
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for June 6, 2013