VACATE

99A-F018-DEQ-TAP · Department of Environmental Quality · 1999-03-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter is set for hearing on March 24, 1999, and a prehearing conference is scheduled on March 18, 1999. On March 11, 1999, Assistant Attorney General Joan Card, Esq., representing the Arizona Department of Environmental Quality (“Department”), and Karen E. Errant, Esq., representing Tosco Marketing Company, Inc., filed a Stipulation to Dismiss the appeal, vacate the hearing and recommend to the Director to dismiss this matter, for the reason the parties had reached a settlement. A contested case may be resolved by agreed settlement of the parties. Arizona Revised Statutes § 41- 1092.07(F)(5). The services of the Underground Storage Tank Technical Appeals Panel were requested. The Panel will not be needed. Accordingly, IT IS ORDERED vacating the hearing in this matter and the prehearing conference scheduled on March 18, 1999. IT IS RECOMMENDED to the Director of the Department that this matter be dismissed. ORDERED AND SUBMITTED this 12th day of March, 1999.

George A. Schade, Jr. Administrative Law Judge

The original of this Order Vacating Hearing and Recommending Dismissal was mailed on March 12, 1999, to:

John F. Hagen Acting Director Arizona Department of Environmental Quality 3033 North Central Avenue Phoenix, Arizona 85012

and a copy was mailed to:

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

Karen E. Errant, Esq. Fennemore Craig 3003 North Central Avenue, Suite 2600 Phoenix, Arizona 85012

Michael E. Beasley UST Technical Appeals Panel Equiva Services, L.L.C. 4130 North 83rd Avenue, Suite 9 Phoenix, Arizona 85033

George A. Schade, Jr. -----------------------

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