New Mexico
Environment Department

Contact Information:
(505) 827-2855 MAIN // 1-800-219-6157 (toll free)
Environmental Emergencies:
505-827-9329 (24 hrs)

General

WQCC 17-03 (R)

 

IN THE MATTER OF: 

Proposed Amendments to Ground and Surface Water Protection Regulations, 20.6.2 NMAC

 

Pleadings Log

1. The New Mexico Environment Department’s Petition to Amend the Ground and Surface Water Protection Regulations (20.6.2 NMAC) and Request for Hearing 05/01/17
2. Notice of Appearance (Pete Domenici and Lorraine Hollingsworth, Domenici Law Firm, P.C. ) on behalf of the City of Roswell 05/04/17
3. Entry of Appearance (Louis W. Rose and Kari Olson of Montgomery & Andrews, P.A., and Timothy A. Dolan of Los Alamos National Security, LLC) on behalf of Los Alamos National Security, LLC, Operator of Los Alamos National Laboratory 05/04/17
4. Order for Hearing and Appointment of Hearing Officer 05/09/17
5. Amigos Bravos’ Entry of Appearance 05/09/17
6. Notice of Appearance (Dalva L. Mollenberg, Gallagher & Kennedy, P.A.) 05/10/17
7. Notice of Appearance (Michael Bowen, Executive Director, New Mexico Mining Association) 05/11/17
8. Notice of Appearance (The New Mexico Environmental Law Center) 05/12/17
9. Notice of Appearance (William C. Olson) 05/19/17
10. Procedural Order 05/31/17
11. Revised Procedural Order 06/02/17
12. Amended Notice of Appearance (New Mexico Environmental Law Center appearance on behalf of Gila Resources Information Project and Amigos Bravos) 06/14/17
13. Entry of Appearance (New Mexico Energy, Minerals and Natural Resources Department William Brancard and Cheryl Bada) 06/15/17
14. Affidavit of Publication (The Albuquerque Journal English) 06/19/17
15. Affidavit of Publication (The Albuquerque Journal Spanish) 06/19/17
16. Notice of Appearance (Michael L. Casillo, Air Force Legal Operations Agency, Environmental Law and Litigation Division) 06/26/17
17. Affidavit of Publication (The New Mexico Register English and Spanish) 06/27/17
18. United States Air Force’s Statement of Reasons for Proposed Amendments to 20.6.2 NMAC 07/21/17
19. United States Air Force’s Statement of Position on New Mexico Environment Department’s Petition 07/21/17
20. Entry of Appearance (The New Mexico Municipal League, Environmental Quality Association Subsection) 07/26/17
21. Environmental Quality Association Subsection, New Mexico Municipal League Comments on New Mexico Environment Department’s Petition to Amend Ground and Surface Water Protection Regulations (20.6.2 NMAC) 07/26/17
22. Entry of Appearance (Domenici Law Firm, P.C. (Pete V. Domenici, Jr. Lorraine Hollingsworth and Reed Easterwood on behalf of Laun-Dry 07/27/17
23. Statement of Position on the New Mexico Environment Department’s Petition to Amend the Ground and Surface Water Protection Regulations (20.6.2 NMAC) with Statement of Reasons and Proposed Changes 07/27/17
24. City of Roswell’s Position with Statement of Reasons and Additional Proposed Amendments with Statement of Reasons Regarding the NMED’s Proposed Amendments to Regulations (20.6.2 NMAC) 07/27/17
25.

Dairy Producers of New Mexico’s and Dairy Industry Group for a Clean Environment’s Statement of Position and Proposed Amendments

07/27/17
26.

Energy, Minerals and Natural Resources Department Notice of Position on Proposed Amendments

07/27/17
27.

Laun-Dry Supply Company’s Position with Statement of Reasons and Additional Proposed Amendments (with Statement of Reasons) Regarding the NMED’s Proposed Amendments to Regulations (20.6.2 NMAC)

07/27/17
28.

Los Alamos National Security, LLC’s Statement of Position on the Amendments Proposed by the New Mexico Environment Department

07/27/17
29.

Los Alamos National Security, LLC’s Proposed Changes to Regulations and Statement of Basis

07/27/17
30.

New Mexico Mining Association’s Statement of Position and Proposed Amendments

07/27/17
31.

The New Mexico Environment Department’s Notice of Amended Petition 

07/27/17
32.

William C. Olson Statement of Position, Proposed Amendments and Statement of Position, Proposed Amendments and Statement of Reasons for Proposed Amendments to NMED’s Proposed Revisions to 20.6.2 NMAC

07/27/17
33.

William C. Olson Motion to Amend Exhibit A of Revised Procedural Order

07/31/17
34.

Los Alamos National Security, LLC’s Corrected Statement of Position on the Amendments Proposed by the New Mexico Environment Department

08/07/17
35.

Los Alamos National Security, LLC’s Corrected Proposed Changes to Regulations and Statement of Basis

08/07/17
36.

Los Alamos National Security, LLC’s Response to William C. Olson’s Motion to Amend Exhibit A

08/07/17
37.

The New Mexico Environment Department’s Notice of Errata

08/07/17
38.

Notice of Errata and Corrected Proposed Changes Amigos Bravos and Gila Resources Information Project

08/08/17
39.

Order

08/11/17
40.

Los Alamos National Security, LLC’s Expedited Motion for Prehearing Conference

08/28/17
41.

Amigos Bravos’s and Gila Resources Information Project’s Expedited Motion to Stay all Filing Deadlines and Hearing

08/29/17
42.

Order on Los Alamos National Security, LLC’S’ Expedited Motion for Prehearing Conference

08/29/17
43.

Entry of Appearance (Stuart R. Butzier and Christina C. Sheehan of Modrall, Sperling, Roehl, Harris & Sisk, P.A., on behalf of Rio Grande Resources Corporation)

08/31/17
44.

Entry of Appearance (Stuart R. Butzier and Christina C. Sheehan of Modrall, Sperling, Roehl, Harris & Sisk, P.A., on behalf of American Magnesium, LLC

08/31/17
45.

Entry of Appearance (Stuart R. Butzier and Christina C. Sheehan of Modrall, Sperling, Roehl, Harris & Sisk, P.A., on behalf of New Mexico Copper Corporation

08/31/17
46.

Joint Stipulation Regarding Proposed Changes to 20.6.2 NMAC

09/06/17
47.

Amigos Bravos and Gila Resources Information Project Notice of Intent to Present Technical Testimony

09/11/17
48.

City of Roswell’s Statement of Intent to Present Technical Evidence

09/11/17
49.

Notice of Intent to Present Direct Testimony on Dairy Producers of New Mexico’s and Dairy Industry Group for a Clean Environment’s Statement on 20.6.2 NMAC Proposed Amendments

09/11/17
50.

Energy, Minerals and Natural Resources Department Notice of Intent to Present Technical Testimony

09/11/17
51.

Laun-Dry’s Statement of Intent to Present Technical Evidence

09/11/17
52.

Los Alamos National Security, LLC’s Notice of Intent to Present Technical Testimony

09/11/17
53.

New Mexico Environment Department’s Notice of Intent to Present Technical Testimony

09/11/17
54.

Notice of Intent to Present Testimony on New Mexico Mining Association’s Statement on 20.6.2 NMAC Proposed Amendments

09/11/17
55.

New Mexico Municipal League Environmental Quality Association’s Notice of Intent to Present Technical Testimony and Exhibits

09/11/17
56.

Notice of Intent to Present Technical Testimony on behalf of The United States Air Force, Department of Defense

09/11/17
57.

William C. Olson Notice of Intent to Present Technical Testimony

09/11/17
58.

Written Direct Testimony of William C. Olson

09/11/17
59.

Dairies’ Response to Amigos Bravos’s and Gila Resources Information Project’s Expedited Motion to Stay all Filing Deadlines and Hearing

09/13/17
60.

The New Mexico Environment Department’s Response to Amigos Bravos’ and Gila Resources Information Project’s Motion to Stay all Filing Deadlines and Hearing

09/13/17
61.

Amigos Bravos’s and Gila Resources Information Project’s Consolidated Reply to New Mexico Environment Department’s Response to Motion to Stay all filing Deadlines and Hearing

09/20/17
62.

Order on Amigos Bravos’ and Gila Resources Information Project’s Expedited Motion to Stay all Deadlines and Postpone the Hearing

09/25/17
63.

Los Alamos National Security, LLC’s Report in Response to the August 29, 2017 Order on Expedited Motion for Prehearing Conference

09/28/17
64.

Amigos Bravos’s and Gila Resources Information Project’s Motion to Dismiss in Part the New Mexico Environment Department’s Petition to Amend 20.6.2 NMAC

09/29/17
65.

Order on the Extension of the Deadline for Submittal of Rebuttal Testimony

10/02/17
66.

United States Air Force, Department of Defenses’ Notice of Corrected Technical Testimony

 10/3/17
67.

Notice of Errata: Notice of Partial Withdrawal of Proposed Change

10/04/17
68.

Los Alamos National Security, LLC’s Response in Opposition to Amigos Bravos’ and Gila River Information Project’s Motion to Dismiss in Part Petition to Amend 20.6.2 NMAC

10/16/17
69.

New Mexico Environment Department’s Response in Opposition to Amigos Bravos’ and Gila Resources Information Project’s Motion to Dismiss in Part the New Mexico Environment Department’s Petition to Amend 20.6.2 NMAC

10/16/17
70.

New Mexico Mining Association’s Response to Amigos Bravos’s and Gila Resources Information Project’s Motion to Dismiss in Part the New Mexico Environment Department’s Petition to Amend 20.6.2 NMAC 

10/16/17
71.

Notice of Filing

10/19/17
72.

United States Air Force, Department of Defense’s Notice of Corrected Technical Testimony

10/20/17
73.

Amigos Bravos’s and Gila Resources Information Project’s Consolidated Reply to Responses filed by the New Mexico Environment Department, New Mexico Mining Association, and Los Alamos National Security, LLC on Amigos Bravos’s and Gila Resources Information Project’s Motion to Dismiss in Part the New Mexico Environment Department’s Petition to Amend 20.6.2 NMAC.

10/24/17
74.

United States Air Force, Department of Defense’s Notice of Filing of Written Rebuttal Technical Testimony

10/26/17
75.

United States Air Force, Department of Defense Written Rebuttal Technical Testimony of Samuel Brock

 10/26/17
76.

United States Air Force, Department of Defense Written Rebuttal  Technical Testimony of Scott Clark

10/27/17
77.

Amigos Bravos and Gila Resources Information Project Notice of Intent to Present Technical Rebuttal Testimony

10/27/17
78.

Notice of Intent to Present Written Rebuttal Testimony on Behalf of Dairy Producers of New Mexico’s and Dairy Industry Group for a Clean Environment

10/27/17
79.

Los Alamos National Security, LLC’s Notice of Filing Rebuttal Technical Testimony

10/27/17
80.

Rebuttal Testimony of Robert S. Beers Los Alamos National Security, LLC.

10/27/17
81.

New Mexico Environment Department’s Notice of Intent to Present Rebuttal Technical Testimony

10/27/17
82.

New Mexico Mining Association’s Notice of Intent to Present Technical Testimony on Rebuttal

10/27/17
83.

New Mexico Municipal League Environmental Quality Association’s Rebuttal Technical Testimony

10/27/17
84.

William C. Olson Notice of Intent to Present Rebuttal Testimony

10/27/17
85.

Written Rebuttal Testimony of William C. Olson

10/27/17
86.

Amigos Bravos’s and Gila Resources Information Project’s Written Objection to the New Mexico Environment Department’s Proposed Second Procedural Order

10/30/17
87.

Second Procedural Order

10/31/17
88.

Notice of Withdrawal of the New Mexico Environment Department’s Proposed Definition of Discharge Permit Amendment and Related Changes to 20.6.2 NMAC

11/07/17
89.

Amended Notice of Withdrawal of the New Mexico Environment Department’s Proposed Definition of Discharge Permit Amendment and Related Changes to 20.6.2 NMAC

11/09/17
90.

United States Air Force, Department of Defenses’ Notice of Filing of Written Sur-Rebuttal Technical Testimony

11/09/17
91.

New Mexico Municipal League Environmental Quality Association’s Notice of Substitution of Technical Testimony Witness

11/09/17
92.

Joint Stipulation Regarding the New Mexico Environment Department’s Notice of Withdrawal of the New Mexico Environment Department’s Proposed Definition  of Discharge Permit Amendment and Related Changes to 20.6.2 NMAC 

11/13/17
93.

Entry of Appearance ( Jay F. Stein, Stein & Brockmann, P.A.)

11/13/17
94.

Order Denying Amigos Bravos’s and Gila Resources Information Project’s Motion to Dismiss in Part

11/21/17
95.

Joint Stipulation Regarding Post Hearing Submittals Filing Deadline

12/08/17
96.

Corrected Joint Stipulation Regarding Post Hearing Submittals Filing Deadline

12/11/17
97.

Notice of Transcript Filing

12/11/17
98.

Order on the Joint Stipulation Regarding the Post Hearing Submittals Filing Deadline

12/11/17
99.

Amigos Bravos/Gila Resources Information Project’s Closing Argument

02/16/18
100.

Amigos Bravos/Gila Resources Information Project’s Proposed Statement of Reasons

02/16/18
101.

Dairy Producers of New Mexico’s and Dairy Industry Group for the Clean Environment’s Written Closing Argument and Proposed Statement of Reasons for Proposed Amendments to 20.6.2 NMAC

02/16/18
102.

Laun-Dry’s Proposed Findings of Facts and Conclusions of Law

02/16/18
103.

Los Alamos National Security, LLC’s Closing Legal Argument and Proposed Statement of Reasons

02/16/18
104.

The New Mexico Environment Department’s Closing Argument and Proposed Statement of Reasons

02/16/18
105.

New Mexico Mining Association’s Written Closing Argument and Proposed Statement of Reasons for Proposed Amendments to 20.6.2 NMAC

02/16/18
106.

New Mexico Municipal League’s Proposed finding of Fact and Conclusions of Law, and Closing Argument

02/16/18
107.

Post-Hearing Submission of Rio Grande Resources Corporation New Mexico Copper Corporation, and American Magnesium, LLC

02/16/18
108.

Roswell’s Proposed Findings of Facts and Conclusions of Law

02/16/18
109.

United States Air Force, Department of Defense Closing Argument, Partial Findings of Fact and Conclusion of Law

02/16/18
110.

William C. Olson Closing Argument

02/16/18
111.

William C. Olson Proposed Statement of Reasons

02/16/18
112.

William C. Olson Final Proposed Amendments to NMED Proposed Revisions to 20.6.2 NMAC

02/16/18
113.

Hearing Officer Report

04/06/18
114.

Post Scheduling Order Exceptions to the Hearing Officer Report

04/06/18
115.

The New Mexico Environment Department’s Second Notice of Errata

04/23/18
116.

New Mexico Environment Department’s Motion to Withdraw the Hearing Officer’s Report and Vacate the Post Scheduling Order

04/26/18
117.

Motion to Provisionally Extend, From May 7 to June 15, 2018, The Deadline for Parties’ Exceptions to the Hearing Officer Report

05/04/18
118.

Joint Motion to Withdraw the Hearing Officer’s Report Or, Alternatively, to Waive the Deadline Under 20.6.2.305.C NMAC

05/04/18
119.

Unopposed Motion to Vacate Current Deadline for Parties’ Exceptions to the Hearing Officer Report

05/04/18
120.

Revised Procedural Order and Order Denying the Withdrawal of the Hearing Officer Report

05/04/18
121.

Order on Joint Motion to Withdraw the Hearing Officer’s Report or, Alternatively to Waive the Deadline Under 20.6.2.305(C) NMAC

05/11/18
122.

Scheduling Order

05/31/18
123.

New Mexico Environment Department’s Third Notice of Errata

06/14/18
124.

Notice of Filing of Joint Proposed Report

06/15/18
125.

Joint Proposed Report

06/15/18
126.

Amigos Bravos/Gila Resources Information Project’s Exceptions to the Hearing Officer’s Report Filed April 11, 2018

06/15/18
127.

The New Mexico Environment Department’s Motion for Leave to Respond to Amigos Bravos/Gila Resources Information Project’s Exceptions to the Hearing Officer’s Report filed April 11, 2018

06/22/18
128.

Order on Amigos Bravo’s and Gila Resources Information Project’s Memorandum on Logical Outgrowth and the New Mexico Environment Department’s and the New Mexico Mining Association’s New Jointly Proposed Amendment to Section 20.6.2.4103.A,B NMAC

06/26/18
129.

Revised Order on AB/Grip’ Motion and Response Deadlines

06/29/18
130.

Revised Hearing Officer Report

06/29/18
131.

The New Mexico Environment Department’s Comments on the Revised Hearing Officer’s Report Filed June 29, 2018

07/02/18
132.

New Mexico Mining Association’s Joinder in NMED’s Response to AB/Grip’s Exceptions to the Hearing Officer’s Report 

07/03/18
133.

Los Alamos National Security, LLC’s Comments on the Revised Hearing Officer’s Report

07/05/18
134.

Amigos Bravos’s and Gila Resources Information Project’s Motion for Leave to File Exceptions to the June 29,2018 Hearing Officer Report

07/06/18
135.

Los Alamos National Security, LLC’s Response to Amigos Bravos/Gila Resources Information Project’s Exceptions to the Hearing Officer’s Report filed April 11, 2018

07/06/18
136.

New Mexico Municipal League’s Comments on the Revised Hearing Officer’s Report Filed June 29, 2018

07/09/18
137.

Amigos Bravos’s and Gila Resources Information Project’s Consolidated Reply to Responses filed by the New Mexico Environment Department and Los Alamos National Security, LLC on Amigos Bravos’s and Gila Resources Information Project’s Logical Outgrowth Doctrine Memorandum

07/16/18
138.

Order and Statement of Reasons for Amendment of Regulations

11/08/18
 

Transmittal Form and Final Amendments

11/21/18