VACATE

99A-F178-DEQ · Department of Environmental Quality · 1999-09-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Appellant Tosco Marketing Company, Inc., owner of Circle K Store #1556, has filed a notice with the Office of Administrative Hearings that the dispute between itself and the Arizona Department of Environmental Quality has been resolved. It requested that the hearing in this matter be vacated. In view of the foregoing, it is recommended that the hearing set for October 19, 1999, be vacated, and that this matter be remanded to the Arizona Department of Environmental Quality for final disposition. Done this day, September 28, 1999.

_________________________________ BRIAN BRENDAN TULLY Administrative Law Judge

Copy 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

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

Joan Card, Esq. Assistant Attorney General Office of the Attorney General Environmental Enforcement Section 1275 W. Washington Phoenix, Arizona 85007

Office of the Attorney General Michelle D. Leach, Legal Assistant 1275 W. Washington Phoenix, AZ 85007

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

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

By _______________________________

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