VACATE

99A-F255-DEQ · Department of Environmental Quality · 2000-01-26

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the matter of: | |Docket No. 99A-F255-DEQ | | | | | |Circle K Store #612 | | | |3550 E. Broadway | |ORDER VACATING SCHEDULED HEARING AND REMANDING | |Mesa, AZ 85204 | |MATTER WITH RECOMMENDATION TO DISMISS APPEAL | | | | | |LUST NO. 2719.01-01 | | | | | | |

Shortly prior to the date set for the hearing in the above-entitled matter, an authorized representative of the appealing party filed written confirmation that all matters in issue between the parties have been resolved and that it was expressly withdrawing its request for a formal hearing, thereby also effectively requesting that the scheduled hearing be vacated and that the pending administrative action be terminated.

In view of the foregoing, and sufficient cause otherwise appearing herein, IT IS HEREBY ORDERED that the hearing scheduled to convene on Tuesday, February 1, 2000 be and hereby is vacated from the calendar of the Office of Administrative Hearings, and IT IS FURTHER ORDERED that this matter be remanded to the Director of the Arizona Department of Environmental Quality with the recommendation that the previously submitted appeal in this matter be dismissed.

Dated: January 27, 2000.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Copies transmitted on _________________________

By: _____________________________ , To:

Jacqueline E. Schafer, Director, Arizona Department of Environmental Quality 3033 North Central Avenue Phoenix, AZ 85012

ATTN: Lavonne Watkins

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

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

ATTN; Michelle Leach, Legal Assistant EES Administrative Appeals Desk

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

Michael O’Hara O’Hara & Associates 21630 North 19th Avenue (Suite B-7) Phoenix, AZ 85027

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

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