Here are the details of the Settlement Agreement between Whitley Water Matters, LLC and Hinen Family Farms, LLC which sets limits on the spreading and distributing manure generated by the CAFO:


COVERED LAKES


PERIMETER ROADS


SETTLEMENT

Hinen Farms, and its assigns, officers, directors, agents, employees, representatives, affiliated, related, subsidiary, wholly owned and/or managed companies and/or organizations, construction managers, subcontractors, and successors shall not apply, dispose, spread, spray, store, transport, or otherwise release manure generated from the CFO approved by the Permit: 

  1. Within one quarter (1/4) mile of any Perimeter road; 
  2. Where there is no Perimeter Road encircling the Shorelines of the Lakes, within one quarter (1/4) mile of the Shorelines of the Lakes; and 
  3. On the following dates: 


BINDING AGREEMENT/ENFORCEMENT/BREACH

The parties agree and understand that this Agreement is legally binding and enforceable in any and all courts of competent jurisdiction and venue. In all proceedings brought to enforce this Agreement, the adjudicating tribunal shall award the prevailing party all reasonable attorneys' fees and other direct costs incurred in such action or proceeding, in addition to any other relief to which such party may be entitled. 

If either party believes the other party has breached any provision of this Agreement, it must provide that party with a written notification, providing a detailed description of the alleged breach. The party against whom the breach is alleged will then have thirty (30) days from receipt of the written notification to cure the alleged breach. No party may institute a proceeding to enforce this Agreement until after it has provided the requisite written notification, and allowed the other party the requisite time period to cure any alleged breach.