RESOLUTION TO WAIVE THE
IVY LANDFILL SETTLEMENT AGREEMENT’S
“NO OPPOSITION PROVISION”
REGARDING CELL 5
WHEREAS, the Rivanna Solid Waste Authority (the“RSWA”), the City of Charlottesville (the “City”), and the County of Albemarle (the “County”) are parties to a Settlement Agreement and Release dated October 2, 2000 (the “Settlement Agreement”) with certain individuals and entities who were plaintiffs (the Plaintiffs) in an action filed against the RSWA, the City, and the County relating to the Ivy Landfill; and
WHEREAS, Section D(1)(a) of the Settlement Agreement (the “No Opposition Provision”) requires the Plaintiffs to refrain from opposing the issuance to the RSWA by the Virginia Department of Environmental Quality, or any other applicable federal, state, local or regional governmental authority, of a permit to construct and operate a CDD waste disposal cell identified as Cell 5 in the Settlement Agreement with certain limitations; and
WHEREAS, the County understands that certain Plaintiffs desire to have the County waive its rights under the No Opposition Provision and the County is willing to waive such rights.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby waives the rights of the County contained in the No Opposition Provision of the Settlement Agreement.
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