Vacate

03A-F122-DEQ · Department of Environmental Quality · 2003-09-24

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In The Matter Of: | |No. 03A-F122-DEQ | | | | | |Union 76 Station No. 4809 | | | |4247 West Thomas Road | |ORDER VACATING | |Phoenix, AZ 85019 | |HEARING | | | | | |LUST No. 3560.01-13 | | | | | | |

On September 23, 2003, Union 76 Station No. 4809, by and through James Trotter, informed the Office of Administrative Hearings in writing that it desired to withdraw its request for an administrative hearing, as it had reached a compromise agreement with the Arizona Department of Environmental Quality over the issue(s) that led to the filing of an appeal. Therefore, the necessity for a hearing has been obviated. IT IS ORDERED that this matter be and is hereby vacated from the hearing docket of the Office of Administrative Hearings. IT IS FURTHER ORDERED that this matter be remanded to the Arizona Department of Environmental Quality for further disposition.

Done this 24th day of September 2003. OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Gary B. Strickland Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2003 to:

Stephen A. Owens, Director Department of Environmental Quality Attn: Judith Fought 1110 W. Washington, Sixth Floor Phoenix, AZ 85007

Fennemore Craig, P.C. John M. Pearce 3003 North Central Avenue, Suite 2600 Phoenix, AZ 85012-2913

Office of the Attorney General Environmental Enforcement Section Barbara U. Pashkowski, Assistant Attorney General 1275 West Washington Phoenix, AZ 85007

Risk Management & Remediation James F. Trotter 1500 N. Priest Dr. Tempe, AZ 85281

Basin & Range Hydrogeologists, Inc. Eric Zugay 2800 North 24th Street Phoenix, AZ 85008-1004

ADEQ State Assurance Fund Section John Englander Judy Navarrete 1110 West Washington Street Phoenix, AZ 85007

By _______________________________

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