VACATE

99A-F224-DEQ-TAP · Department of Environmental Quality · 1999-11-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of: | | No. 99A-F224 -DEQ | | | | | |CIRCLE K STORE No. 823 | |ORDER VACATING HEARING | |18444 North Cave Creek Road | | | |Phoenix, Arizona 85032 | |AND REMANDING TO AGENCY | | | | | |LUST No. 2729.02-006 | | | | | | |

This matter is set for hearing on December 22, 1999. On November 12, 1999, Sterling Hundley, Manager, Finance and Budget, Environmental Compliance, acting on behalf of Appellant Tosco Marketing Company, Inc., withdrew Tosco’s request for a hearing, as the appeal had been mutually resolved. 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 December 22, 1999, and remanding this appeal to the Director of the Arizona Department of Environmental Quality. ORDERED this 15th day of November, 1999.

George A. Schade, Jr. Administrative Law Judge

A copy of this Order Vacating Hearing and Remanding to Agency was mailed on November 15, 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