AG-2017-000002

BEFORE THE EXECUTIVE DIRECTOR
OF THE UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
In the Matter of:ORDER ADOPTING RECOMMENDED
ORDER OF DISMISSAL
Kennecott Utah Copper, L.L.C.
UPDES Permit No. UT0000051 vtayiS,zotT
Pursuant to Utah Code Ann. $ 19-1-301.5 and Utah Admin. Code R305-7-201 et seq., on
May 9,2017, the Administrative Law Judge ("ALJ") in the above-referenced permit review
adjudicative prôceeding issued a decision recommending the entry of an order dismissing the
pending groundwater permit review adjudicative proceeding.
Under authority of Utah Code Ann. þ f l-f -:Of .502) and (13) and Utah Admin. Code
R305-7, when an ALJ submits a recommended dispositive action, the Executive Director may:
1) adopt it;2) adopt it with modifications; 3) reject it; or. 4) return it to the ALJ for further action
as required.
Having reviewed the ALJ's Recommended Order of Dismissal, and the Parties having no
objection, I adopt the Recommended Decision in full.
ORDER
IT IS HEREBY ORDERED that Petitioner's Request for Agency Action dated February
15,2007, challenging UPDES PermitNo. 0000051 be dismissed with prejudice, terminating
these adj udicative proceedings.
DATED this @dayof May, 2017.
Alan ve Director
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U of Environmental Quality
NOTICE OF RIGHT TO PETITION FOR JUDICIAL REVIEW
PursuanttoUtahCodeAnn. $$ 19-1-301.5(14),63G-4-401,63G-4-403,63G-4-405,and
the Utah Rules of Appellate Procedur e, a party may seek judicial review in the Utah Court of
Appeals or the Utah Supreme Court within thirty (30) days of the date of this Order.
CERTIFICATE OF SERVICE
I hereby certify that on this ay of May, 2017, the undersigned served a copy of the
foregoing Order Adopting Recommended Order of Dismissal via e-mail to the following:
Erica Gaddis, Interim Director
Kim Shelley, Interim Director
Division of V/ater Quality
[e-mail]
[e-mail]
Bret Randall, Assistant Attorney General
Utah Attorney General's Office
Counselþr Division of Water Quality
[e-mail]
Rob Dubuc
Joro Walker
Western Resource Advocates
Counsel for Friends of Great Salt Lake and
Utah Rivers Counsel
Lisa A. Kirschner
Michael A. Zody
Parsons, Behle & Latimer
Counselfor Kennecott Utah Copper, L.L.C.
lkirschner@parsonsbehle. com
mzody@parsonsbehle. com
Administrative Proceedings Record Officer
[e-mail]
Kimberlee McEwan,
Administrative Law Judge
[e-mail]
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