AG-2017-000001

BEFORE THE EXECUTIVE DIRECTOR
OF THE UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
In the Matter of:RECOMMENDED ORDER OF
DISMISSAL
Kennecott Utah Copper, L.L"C.
UPDES Permit No. UT0000051 Administrative Law Judge
Kimberlee McEwan
I|l4ay 17,2077
This matter is before me pursuant to appointment by the Executive Director of the Utah
Department of Environmental Quality dated January 9,2014, as successor Administrative Law
Judge ("ALJ") to Connie S. Nakahara's previous ALJ appointment dated July 8, 2010. The
appointment charges me to conduct a permit review adjudicative proceeding in this matter in
accordance with Utah Code Ann. $ 19-l-301.5 and Utah Admin. Code R305-7.
The initial Request for Agency Action was filed by Friends of Great Salt Lake and Utah
Rivers Council, and dated February 75,2007, challenging the2007 Utah Pollutant Discharge
Elimination System ("UPDES") Permit No. UT0000051 ("2007 Permit") issued by the Division
of W'ater Quality to Kennecott Utah Copper, L.L.C.
On April 20,2017, the Director of the Division of Water Quality, Kennecott Utah Copper
L.L.C., and Friends of Great Salt Lake and Utah Rivers Council, filed a Joint Motion to Dismiss,
requesting that this adjudicative proceeding be dismissed. The Joint Motion to Dismiss states
that the 2007 Permit originally challenged "has been superseded by a revised UPDES Permit
issued to Kennecott effective February I,2017," which has not been appealed, and that,
therefore, the 2007 Request for Agency Action is moot.
1
Based on the foregoing and for the reasons stated in the Joint Motion to Dismiss, I
recommend that the Executive Director enter an Order dismissing these proceedings with
prejudice.
A Proposed Order Adopting Recommended Order of Dismissal is included herewith.
DATED this 17th day of May,2017.
Kim lee McEwan, Administrative Law Judge
195 North 1950 West,2nd Floor
P.O. Box 140873
Salt Lake City, Utah 84114-0873
[e-mail]
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CERTIFICATE OF SERVICE
I hereby certify that on this 17th day of May ,2017, the undersigned served a copy of the
foregoing Recommended Order of Dismissal and Proposed Order Adopting Recommended
Order of Dismissal via e-mail to the following
Alan Matheson, Executive Director
Utah Department of Environmental Quality
[e-mail]
Erica Gaddis, Interim Director
Kim Shelley, Interim Director
Division of Water Quality
[e-mail]
[e-mail]
Bret Randall, Assistant Attorney General
Utah Attorney General's Office
Counselfor Division of Water Quality
[e-mail]
Rob Dubuc
Joro Walker
Western Resource Advocates
Counselfor Friends of Great Salt Lake and
Utah Rivers Counsel
rob.du org
Lisa A. Kirschner
Michael A. Zody
Parsons, Behle &. Latimer
Counsel for Kennecott Utah Copper, L.L.C.
lkirschner@parsonsbehle. com
mzody@parsonsbehle. com
Administrative Proceedings Record Officer
[e-mail]
X,M d" ß.ßÅ*'M,¡A->
Shane R. Bekkemellom, Administrative Legal Secretary
J