TRANSMITTAL LETTER FOR BOARD MEETING OF AUGUST 14, 2008
COMMITTEE ON JUDICIARY
Mr. Richard Lanyon, General Superintendent
Title
Authority to settle Unilever Illinois Mfg, LLC v. Metropolitan Water Reclamation District of Greater Chicago, Board Appeal No. 08-01 (Appeal of 2006 User Charges) in the amount $8,800.00 in additional refund
Body
Dear Sir:
The Metropolitan Water Reclamation District of Greater Chicago (“District”), and Unilever Illinois Mfg, LLC (“Unilever”) have reached a settlement of a Board Appeal of the company’s 2006 User Charges, subject to approval by the Board of Commissioners of the District. The settlement obviates the need for hearings to be held before the Board of Commissioners on the issue of the company’s appeal of its 2006 User Charges.
Unilever and the District have a dispute regarding the computation of sampling data submitted by Unilever in support of its RD-925 report for the year 2006. Unilever claimed that it owes the District $247,763.20 in User Charges. The District recalculated the User Charge data for 2006 and cleared the account in the amount of $300,598.46. Unilever paid the District $299,805.88, but appealed the recalculation to the Director of Research & Development contending that it was entitled to a refund. On September 24, 2007, the Director’s determination reduced Unilever’s User Charge liability to $264,790.00. Unilever filed an appeal to the Board of Commissioners contending that it was still entitled to an additional refund of $17,026.80.
Subject to the approval of the Board, the District and Unilever have agreed to resolve the Board Appeal by crediting Unilever an additional $8,800.00 in full and final resolution of the company’s User Charge liability for the year 2006. Thus, Unilever will have paid a total of $255,990.00 in User Charges for the year 2006. The Hearing Officer has approved this settlement.
Therefore, the Attorney respectfully requests that the Board of Commissioners approve the settlement of Unilever Illinois Mfg, LLC v. Metropolitan Water Reclamation District of Greater Chicago, 08-01, in the amount of $8,800.00 as an additional refund, and for authority to execute such documents as may be necessary to effectuate this settlement.
Requested, Frederick M. Feldman, Attorney, FMF:RMH:MTC:jvs
Respectfully Submitted, Terrence J. O’Brien, 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 August 14, 2008