VACATE

00A-F021-DEQ-TAP · Department of Environmental Quality · 2000-04-14

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In The Matter Of: | |Docket No. 00A-F021-DEQ-TAP | | | | | |MC GUIREVILLE MINI MART | |ORDER VACATING SCHEDULED HEARING, PRE-HEARING | |2105 Beaver Creek Road | |ORDER, PANEL’S PARTICIPATION AND REMANDING | |Rimrock, Arizona | |MATTER WITH RECOMMENDATION TO TERMINATE APPEAL| | | |ACTION | |LUST NO. 4769.01-02 | | | | | | |

Shortly prior to the date set for the hearing in the above-entitled matter, counsel for the Arizona Department of Environmental Quality (herein called the “Department”) confirmed that all matters in issue between the parties have been resolved, also effectively requesting that the scheduled hearing, as well as the Pre-Hearing Order for Advance Submission of Witness and Documents Lists and of Questions for the Panel, be vacated and that the participation of the UST Technical Appeals Panel be canceled, thereby effectively terminating this pending administrative action. In view of the foregoing, and sufficient cause otherwise appearing herein, IT IS ORDERED that the hearing scheduled to convene on April 20, 2000 be and hereby is vacated from the calendar of the Office of Administrative Hearings, and IT IS FURTHER ORDERED that the entire Pre- Hearing Order in this matter requiring advance submission of witness and documents lists and for panel questions also be vacated, and IT IS FURTHER ORDERED that the participation of the UST Technical Appeals Panel be canceled and that this matter be remanded to the Director of the Department with the recommendation to terminate this entire appeal action. Dated: April 17, 2000. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Copies transmitted on _________________________

By: _____________________________ , To:

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

ATTN: Lavonne Watkins ATTN: Patricia Nowack, SAF Administrator

Wayne Monasmith Remax Oil Post Office Box 579 Camp Verde, AZ 86322

Joan Card, Esq. Office of the Attorney General 1275 West Washington Street Phoenix, AZ 85007

ATTN: Michelle D. Leach, Legal Assistant

Dwayne Rymer Navigant Consulting, Inc. 3033 North Central Avenue, First Floor Phoenix, AZ 85012

Roger Ames JBL & Associates 2500 East Thomas Road (Suite A-2) Phoenix, AZ 85016

Michael E. Beasley Equiva Services, L.L.C. SH&E Science and Engineering 4130 North 83rd Avenue (Suite 9) Phoenix, AZ 85033 -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826