VACATE

00A-F-120-DEQ · Department of Environmental Quality · 2000-12-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter is presently scheduled for administrative hearing in the Office of Administrative Hearings, Tucson, on January 2nd 2001. On December 5th, 2000, the non-agency party, Tosco Marketing Company, filed a motion to vacate the scheduled hearing, stating that the “matter has been resolved between TOSCO And ADEQ.” A.A.C. R2-19-111.3. requires an administrative law judge to vacate a calendared hearing and return the matter to the agency for further action when the non-agency party withdraws the appeal.

Wherefore, it is hereby ordered granting the motion to vacate the administrative hearing of this matter, and this matter is returned to the Arizona Department of Environmental Quality for any further action that might be necessary and appropriate, with a recommendation to dismiss as settled.

Done this day, December 7th, 2000.

_________________________________ Grant Winston Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2000, to:

Jacqueline E. Schafer, Director Department of Environmental Quality ATTN: Lavonne Watkins 3033 North Central Avenue Phoenix, AZ 85012

James F. Trotter Project Manager Tosco Marketing Company P. O. Box 52085 Phoenix, AZ 85072-2085

Tom Dennis Assistant Attorney General Solicitor General Section Office of the Attorney General 1275 West Washington Phoenix, AZ 85007

By _______________________________

-----------------------

Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488