STIPULATION TO DISMISS PLAINTIFF'S CLAIMS WITH PREJUDICE AGAINST COUNTY OF SONOMA AND DEFENDANT SONOMA COUNTY WASTE MANAGEMENT AGENCY; [PROPOSED] ORDER GRANTING DISMISSAL OF CLAIMS WITH PREJUDICE AGAINST COUNTY OF SONOMA AND SONOMA COUNTY WASTE MANAGEMENT AGENCY

[FRCP 41(a)(2)]

THELTON E. HENDERSON, District Judge.

WHEREAS, on June 17, 2014, Plaintiff Renewed Efforts of Neighbors Against Landfill Expansion ("RENALE") provided Defendants County of Sonoma ("Sonoma"), Sonoma Compost Company ("Sonoma Compost"), and Sonoma County Waste Management Agency ("SCWMA") with a Notice of Violations and Intent to File Suit ("Notice") under Clean Water Act § 505, 33 U.S.C. § 1365.

WHEREAS, on August 21, 2014, RENALE filed its Complaint against Defendants in this Court, Renewed Efforts of Neighbors Against Landfill Expansion v. County of Sonoma, Sonoma Compost Company, and Sonoma County Waste Management Agency, Case No. 3:14-cv-03804-TEH. Said Complaint incorporates by reference all of the allegations contained in RENALE's Notice.

WHEREAS, RENALE and Sonoma and SCWMA (the "settling parties"), through their authorized representatives and without either adjudication of RENALE's claims or admission by Sonoma and SCWMA of any alleged violation or other wrongdoing, have chosen to resolve in full by way of settlement the allegations of RENALE as set forth in the Notice and Complaint, thereby avoiding the costs and uncertainties of further litigation. A copy of the Settlement Agreement and Mutual Release of Claims ("Settlement Agreement") entered into by and between RENALE and Sonoma and SCWMA is attached hereto as Exhibit 1 and incorporated by reference.

WHEREAS, the settling parties submitted the Settlement Agreement via certified mail, return receipt requested, to the U.S. EPA and the U.S. Department of Justice and the 45-day review period set forth at 40 C.F.R. § 135.5 has completed. The federal agencies have submitted correspondence to the Court indicating that they have no objection to the terms of the Settlement Agreement.

NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the settling parties that RENALE's claims as to Sonoma and to SCWMA, as set forth in the Notice and Complaint, be dismissed with prejudice. The settling parties respectfully request an order from this Court dismissing such claims. In accordance with Paragraphs 2 and 21 of the Settlement Agreement, the settling parties also request that this Court maintain jurisdiction over the settling parties through the later of the 30th day after Sonoma provides written notification to RENALE pursuant to Paragraph 9 (of the Settlement Agreement) of Sonoma's written acceptance of the return by SCWMA to Sonoma of the Compost Facility site in clean condition or through the completion of any payment required by the Settlement Agreement, for the sole purpose of resolving any disputes between the parties with respect to enforcement of any provision of the Settlement Agreement.

[PROPOSED] ORDER

Good cause appearing, and the parties having stipulated and agreed,

IT IS HEREBY ORDERED that Plaintiff Renewed Efforts of Neighbors Against Landfill Expansion's claims against Defendant County of Sonoma and Defendant Sonoma County Waste Management Agency as set forth in the Notice and Complaint filed in are hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2).

IT IS FURTHER ORDERED that the Court shall retain jurisdiction over Renewed Efforts of Neighbors Against Landfill Expansion, County of Sonoma, and Sonoma County Waste Management Agency through the later of the 30th day after County of Sonoma provides written notification to RENALE pursuant to Paragraph 9 (of the Settlement Agreement) of Sonoma's written acceptance of the return by SCWMA to Sonoma of the Compost Facility site in clean condition or through the completion of any payment required by the Settlement Agreement, for the sole purpose of resolving any disputes between the parties with respect to enforcement of any provision of the Settlement Agreement, attached to the Stipulation to Dismiss as Exhibit 1, which Settlement Agreement is hereby incorporated by reference.

PURSUANT TO STIPULATION, IT IS SO ORDERED.