ALJDEC

99A-O019-DEQ · Department of Environmental Quality · 1999-06-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 4, 1999 APPEARANCES: Coni Rae Good, Esq. on behalf of the Appellants; Assistant Attorney General Marc T. Steadman on behalf of the Arizona Department of Environmental Quality ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. Following a prolonged discussion between the parties prior to commencing the instant hearing, the parties concluded a settlement agreement outside of the Administrative Law Judge’s presence, the essential terms of which were read upon the record. 2. Pursuant to the terms of the aforementioned settlement agreement, Appellants will dismiss the instant appeal provided the Arizona Department of Environmental Quality (“Department”) appoints Joe Drosendahl, Unit Manager of the Technical Support Unit of the Department, as the contact person for Appellants to deal with concerning the subject site and that, upon Appellants providing reasonable notice to Mr. Drosendahl, he will meet with the potential buyers of the site within the next two weeks. Thereafter, Mr. Drosendahl will participate in meetings with the Appellants and/or the potential buyers addressing concerns about the property undergoing remediation. The Department accepted the settlement terms. 3. The terms of the foregoing settlement appear to be reasonable under all the circumstances and the agreement is determined to be the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW 1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. RECOMMENDED ORDER In view of the foregoing, it is recommended that the above-settlement agreement be approved by the Director of the Department and this appeal be dismissed. Done this day, June 7, 1999.

______________________________________ LEWIS D. KOWAL Administrative Law Judge

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

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

By ___________________________ -----------------------

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