AG-2017-000004

BEFORE THE EXECUTIVE DIRECTOR OF'THE
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
In the Matter of:
U.S. Magnesium, L.L.C;
UDAQ Notice of Violation and Order
to Comply August 27,2015
(No. 2015082701
FINAL ORDER OF THE
EXECUTIVE DIRECTOR
AUGUST 3O,2OI7
RICHARD K. RATHBUN,
ADMINISTRATIVE LAV/ JUDGE
Pursuant to Utah Code Ann. $ 19-1-301, the Administrative Law Judge (ALJ) has
submitted Findings of Fact, Conclusions of Law, and Recommended Order in the above-
captioned adjudicatory proceeding. Under Authority of Utah Code Ann. $ 19-1-301, I have
reviewed the ALJIs Findings of Fact, Conclusions of Law, and Recommended Order
(Recommended Order) and the parties' Stipulation to Resolve Administrative Proceedings
(Stipulation), and approve and adopt the same in full, and hereby ORDER:
1. The Undisputed Facts and Violations set forth in the Stipulation are adopted and
incorporated herein by reference;
2. The ALJ's Findings of Fact, Conplusions of Law, and Recommended Order are
adopted and incorporated herein by reference;
3. The Final Order is effective and final upon the date executed below and, as
reflected in the Stipulation, the parties have waived any right to appeal from this
administrative proceeding. Should the Executive Director (or any offrcer or entity
acting for the State of Utah) frle á civil action in district court under Section 19-2-
115 of the Utah Code to asses a penalty for the above violations, the parties
reserve their right to present all relevant evidence and defenses which are
available in such civil action; and,
4. These administrative proceedings are dismissed with prejudice. DATED this 30ú
day of August,2Ùl7.
Director
CERTIF'ICATE OF' SERVICE
2
I certify that on this 30th day of August,2017,I served by electronic mail a true and
correct copy of the foregoing Final Order of the Executive Director on the following:
Administrative Proceedings Records Offi cer
Utah Department of Environmental Quality
[e-mail]
Bryce Bird, Director
Division of Air Quality
[e-mail]
Christian C. Stephens, Assistant Attorney General
Utah Attorney General's Office
[e-mail]
Marina Thomas, Assistant Attorney General
Utah Attorney General's Offrce
marinathomas @agutah. gov
M. Lindsay Ford
Parsons, Behle & Latimer
LF ord@p arsonsbehle. com
Richard K. Rathbun, Administrative Law Judge
Rencher and Anjewierden
[e-mail]
2il,^4M
Shane R. Bekkemellom, Administrative Legal Secretary
J