AG-2021-000002

BEFORE THE EXECUTIVE DIRECTOR OF THE
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
UTAH DIVISION OF DRINKING WATER,
v.
SANDY CITY PUBLIC WATER SYSTEM
ORDER ADOPTING ALJ’S
RECOMMENDED ORDER OF
DISMISSAL
Docket No. UTAH18028-2019-01-NOVAO
February 25, 2021
Pursuant to Utah Code § 19-1-301 and Utah Admin. Code R305-7-301 et seq., on
February 16, 2021, the Administrative Law Judge (“ALJ”) in the above-referenced matter issued
a proposed dispositive action recommending the entry of an order dismissing the pending
adjudicative proceeding.
Under authority of Utah Code § 19-1-301(7)(b) and Utah Admin. Code R305-7-316,
when an ALJ submits a recommended dispositive action, the Executive Director may: (1)
approve it; (2) approve it with modifications; (3) disapprove it; or, (4) return it to the ALJ for
further action as directed.
Having reviewed the findings of fact and conclusions of law set forth in the
STIPULATION AND CONSENT ORDER dated January 12, 2021, and the ALJ’s February 16,
2021, Recommended Order, and the Parties having no objection, I approve and adopt the ALJ’s
Recommended Decision in full.
ORDER
IT IS HEREBY ORDERED that the Petitioner’s Request for Agency Action be
dismissed with prejudice and each party bearing its own costs and expenses (including attorney’s
fees) incurred in this adjudication.
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DATED this 25th day of February, 2021.
____________________________________
Kimberly D. Shelley, Executive Director
Utah Department of Environmental Quality
Signature:
Email:
Kim Shelley (Feb 25, 2021 09:34 MST)
[e-mail]
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CERTIFICATE OF MAILING
I hereby certify that on this 25th day of February, 2021, I served a true and correct copy of
the foregoing ORDER ADOPTING ALJ’S RECOMMENDED ORDER OF DISMISSAL
via e-mail with the following recipients:
Langdon T. Owen, Jr.
Administrative Law Judge
Cohne Kinghorn, P.C.
111 East Broadway, 11th Floor
Salt Lake City, Utah 84111
[e-mail]
Administrative Proceedings
Records Officer
[e-mail]
Martin K. Banks
Stoel Rives, L.L.P.
201 South Main Street, Suite 1100
Salt Lake City, Utah 84111
[e-mail]
Darien Alcorn
Sandy City Attorney’s Office
9450 South 150 East
Sandy, Utah 84070
[e-mail]
Bret F. Randall
Meg Osswald
Utah Attorney General’s Office
195 North 1950 West
P.O. Box 140873
Salt Lake City, Utah 84114-0873
[e-mail]
[e-mail]
Tim Davis, Director
Division of Drinking Water
195 North 1950 West
P.O. Box 144830
Salt Lake City, Utah 84114-4830
[e-mail]
/s/ Shane R. Bekkemellom
Shane R. Bekkemellom,
Administrative Legal Secretary