VACATE

99A-F122-DEQ · Department of Environmental Quality · 1999-07-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In The Matter Of: | |No. 99A-F122-DEQ | | | | | | | | | |Circle K Store #1487, | |ORDER VACATING | |1113 West 16th Street | |HEARING | |Yuma, Arizona 85364 | | | | | | | |LUST NO. 3723.01-01 | | | | | | |

TOSCO Marketing, the owner of the captioned store, has filed a notice with the Office of Administrative Hearings advising that it desires to withdraw its appeal in this matter due to the resolution of the dispute between the parties. In view of the foregoing, IT IS ORDERED that the hearing set for July 30, 1999, be vacated and that this matter be remanded to the Arizona Department of Environmental Quality for final disposition.

Done this day, July 12, 1999.

_________________________________ BRIAN BRENDAN TULLY Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 1999, to:

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

Patricia Nowack ADEQ Office of Fiscal Services 3033 N. Central Ave., 1st Floor Phoenix, Arizona 85012

Dewayne Rymer Peterson Worldwide 3033 N. Central Ave., 1st Floor Phoenix, AZ 85012

Sterling Hundley Tosco Marketing Company, Inc. P.O. Box 52085 Phoenix, AZ 85072-2085

Myron W. Smith Circle K Stores, Inc. 3003 N. Central, Suite 1800 Phoenix, AZ 85012

Michael O'Hara O'Hara & Associates 21630 N. 19th Avenue, #T-4022 Phoenix, AZ 85012

Cynthia Campbell, Esq. Attorney General's Office Environmental Enforcement Section 1275 West Washington Street Phoenix, Arizona 85007-2997

By _______________________________

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