ALJDEC

99A-F140-DEQ · Department of Environmental Quality · 1999-08-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 13, 1999. APPEARANCES: Appellant was represented by Sterling Hundley, the authorized employee of Appellant’s owner, Tosco Marketing Company, Inc. The Arizona Department of Environmental Quality was represented by Assistant Attorney General Cynthia S. Campbell. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law and Recommended Decision are made:

FINDINGS OF FACT

1. At the outset of the scheduled hearing, Counsel for the Arizona Department of Environmental Quality (ADEQ) announced that Appellant had submitted a Certificate of Disposal prior to the hearing supporting its claim for reimbursement in the amount of $3,396.25. Counsel advised that Appellant has satisfied ADEQ’s requirement for reimbursement of that sum. 2. Appellant’s authorized employee announced that Tosco Marketing Company, Inc., did not have the documentation necessary to support its claim for the additional sum of $585.00.

CONCLUSIONS OF LAW

1. Appellant has supported its claim for reimbursement from the State Assurance Fund in the amount of $3,396.25. 2. Appellant has failed to present any evidence in support of its claim for reimbursement in the amount of $585.00. 3. ADEQ’s prior denial of Appellant’s claim for reimbursement in the amount of $585.00 should be affirmed and upheld. ADEQ shall have the discretion to reconsider that portion of Appellant’s claim if acceptable documentation is timely produced.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Arizona Department of Environmental Quality commence and finalize payment procedures from the State Assurance Fund to Appellant in the amount of $3,396.25. It is further recommended that the Arizona Department of Environmental Quality’s prior denial of Appellant’s claim for reimbursement in the amount of $585.00 be affirmed and upheld.

Done this day, August 13, 1999

______________________________________ Brian Brendan Tully Administrative Law Judge

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

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

By ___________________________

-----------------------

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