AG-2020-000001

BEFORE THE EXECUTIVE DIRECTOR OF THE UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
In the Matter of:

EXECUTIVE DIRECTOR’S DISMISSAL
OF BOX ELDER LAND AND WATER’S
PETITION FOR REVIEW FOR FAILURE TO PROSECUTE

Franklin Hill Regional Landfill
Class I Solid Waste Landfill Permit Permit Number 1402
May 22, 2020

FINDINGS OF FACT
1. On January 22, 2020, Box Elder Land and Water, LLC (Petitioner) filed its
Petition for Review of the Director’s issuance of the Franklin Hill Regional Landfill Class
I Solid Waste Permit. On April 28, 2020, in accordance with Utah Administrative Code
R305-7-114, the Director of the Division of Waste Management and Radiation Control
(Director) gave notice to the Executive Director of the Department of Environmental
Quality and to the parties that no one had requested appointment of an Administrative
Law Judge (ALJ) in this matter within three months after Petitioner filed its Petition for
Review in this matter.
2. The Director’s notice said that absent a showing by May 15, 2020 of good cause
for this lack of prosecution, the Executive Director shall dismiss the adjudication initiated
by the Petition for Review.
3. Petitioner filed nothing in response to the Director’s notice.
4. No party has requested the appointment of an Administrative Law Judge in this
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matter. No party has shown good cause for not requesting the appointment of an
Administrative Law Judge.
CONCLUSIONS OF LAW
5. Under Utah Administrative Code R305-7-114, if no one requests appointment of
an Administrative Law Judge within three months after a Petition for Review is filed, the
Executive Director, a party, or a putative party to the adjudicative proceeding may serve
a written notification to the parties that, absent a showing of good cause by a date
specified in the notification, the Executive Secretary shall dismiss the adjudication for
lack of prosecution. In this matter, any showing of good cause was to be served and
filed by May 15, 2020.
6. The Director’s April 28, 2020 notice met the requirements of Utah Admin. Code
R305-7-114(2).
7. Neither Petitioner nor any other party or putative party has shown good cause for
not requesting the appointment of an Administrative Law Judge within three months
after Petitioner filed its Petition for Review.
ORDER OF DISMISSAL
8. Therefore, Petitioner’s Petition for Review is dismissed.
NOTICE OF RIGHT TO REQUEST JUDICIAL REVIEW
9. This Order is a final agency action on the Petition for Review. The Petitioner
may seek judicial review of this Order in accordance with Sections 63G-4-401, 63G-4-
403, and 63G-4-405 of the Administrative Procedures Act. Utah Code Section 19-1-
301.5(16)(a). A party wishing to challenge this Order shall file a petition for judicial
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review of this Order within 30 days after its issuance. Utah Code Section 63G-4-4-
1(3)(a).
DATED this 22nd Day of May, 2020.
___________________________ SCOTT BAIRD Executive Director, Department of
Environmental Quality
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Signature:
Email:
L. Scott Baird (May 22, 2020 09:38 MDT)
[e-mail]
CERTIFICATE OF SERVICE
I hereby certify that on this 22nd day of May, 2020, I caused a copy of the forgoing EXECUTIVE DIRECTOR’S DISMISSAL OF BOX ELDER LAND AND WATER’S
PETITION FOR REVIEW FOR FAILURE TO PROSECUTE to be sent by electronic mail to the following:
Administrative Proceedings Records Officer [e-mail] Steve Styler Jason May
Box Elder Land & Water Stewards [e-mail] [e-mail] Randy Moulding
President, Moulding Investments LLC [e-mail] Ty Howard Director, Division of Waste Management and Radiation Control
[e-mail] Raymond Wixom Assistant Attorney General Counsel for the Director
[e-mail]
_________________________ Becky Larsen

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Signature:
Email:
Becky Larsen (May 22, 2020 09:39 MDT)
Becky Larsen
[e-mail]