VACATE

99A-F161-DEQ · Department of Environmental Quality · 1999-09-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of: | | No. 99A-F161-DEQ | | | | | |CIRCLE K STORE NO. 3753 | |ORDER VACATING HEARING | |4435 North 27th Avenue | | | |Phoenix, Arizona 85017 | |AND REMANDING TO AGENCY | | | | | |LUST NO. 3783.01-00 | | | | | | |

This matter is set for hearing on September 30, 1999. On September 28, 1999, Mr. Sterling Hundley, Manager, Finance and Budget, Environmental Compliance, acting on behalf of Appellant Tosco Marketing Company, Inc., filed a request to vacate the hearing, as the parties had reached a settlement. Parties may resolve a matter by agreed settlement. Arizona Revised Statutes § 41-1092.07(F)(5). Accordingly, IT IS ORDERED vacating the hearing set for September 30, 1999, and remanding this matter to the Director of the Arizona Department of Environmental Quality. ORDERED this 28th day of May, 1999.

George A. Schade, Jr. Administrative Law Judge

A copy of this Order Vacating Hearing and remanding to Agency was mailed on September 29, 1999, to:

Jacqueline E. Schafer Director Arizona Department of Environmental Quality 3033 North Central Avenue Phoenix, Arizona 85012 Joan Card, Esq. Environmental Enforcement Section Office of the Attorney General 1275 West Washington Phoenix, Arizona 85007

Sterling Hundley Manager Finance and Budget, Environmental Compliance Tosco Marketing Company, Inc. 1500 North Priest Drive Tempe, Arizona 85281

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

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