Vacate

09A-F024-DEQ · Department of Environmental Quality · 2009-04-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of: | |No. 09A-F024-DEQ | |7-ELEVEN NO. 23347 | | | |3856 E. 5th Street | | | |Tucson, AZ 85716-5145 | |ORDER VACATING | |LUST No. 0430.02-06 | |HEARING | | | | |

The Arizona Department of Environmental Quality (“ADEQ”) and Appellant 7-Eleven No. 23347 have requested that the hearing be vacated pursuant to their settlement, the terms of which were set forth in their request. Therefore, IT IS ORDERED vacating the hearing that had been scheduled on May 1, 2009 at 9:00 a.m. IT IS FURTHER ORDERED remanding this appeal under A.A.C. R2-19-111(3) to the Acting Director of ADEQ with the recommendation that it be dismissed pursuant to the terms of the parties’ settlement. Done this day, April 30, 2009.

_________________________________ Diane Mihalsky Administrative Law Judge Copy transmitted by mail this _____ day of May, 2009 to: Patrick Cunningham, Acting Director Department of Environmental Quality Attn: Judy Fought 1110 W. Washington, Sixth Floor Phoenix, AZ 85007 Ken Hilliard 7-Eleven, Inc. Environmental Services One Arts Plaza P.O.Box 711 Dallas, TX 75221-0711 Louise Erickson, Esq. Assistant Attorney General 1275 West Washington Street Phoenix, AZ 85007 Mariana Sandoval, Legal Assistant Administrative Appeals Desk Environmental Enforcement Section Arizona Office of the Attorney General 1275 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