Final

98A-F125-DEQ · Department of Environmental Quality · 1999-03-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

I have reviewed the records of the Office and as co-custodian of such records have determined:

1. On January 27, 1999, the recommended decision in the above entitled matter was transmitted to the Department of Environmental Quality by mail;

2. Pursuant to A.R.S. § 41 -1092.08, the Department of Environmental Quality was required to accept, reject or modify the recommended decision, as evidenced by receipt of such action by the Office of Administrative Hearings, on or before March 3, 1999.

3. No action by Department of Environmental Quality was received by the Office of Administrative Hearings as of March 3, 1999.

Therefore, pursuant to A.R.S. § 41 -1092.08, the attached recommended decision is certified as the final administrative decision of the Department of Environmental Quality. This means that the Department of Environmental Quality may not modify or reject this recommended decision. You have the right to request a rehearing from the Department of Environmental Quality pursuant to A.R.S. § 41-1092.09(A). In addition, you have the right to appeal your action to the Superior Court, pursuant to A.R.S. § 41-1092.08(H) although you may be required to seek a rehearing from the Department of Environmental Quality before you appeal (see A.R.S. § 41-1092.09(B)). Your further rights will be lost if you do not act in a timely manner. You may wish to review these sections as quickly as possible after receipt of this notice. They can be located at your local library.

Done this day, March 5, 1999.

_________________________________ Cliff J. Vanell Director

Original transmitted by mail this ____ day of ____________, 1999, to:

John Hagen, Acting Director, Acting Director Department of Environmental Quality 3033 North Central Avenue ATTN: Lavonne Watkins Phoenix, AZ 85012

Charles Miccia 29489 Patterson Road Buckeye, Arizona 85326

Joan Card Assistant Attorney General 1275 West Washington Phoenix, Arizona 85007

By _______________________________ -----------------------

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