Water Quality Control Commission

The next Water Quality Control Commission public meeting is scheduled for Tuesday, June 11th, 2013. (The regular May meeting has been canceled.) The location will be in Room 322 of the New Mexico Capitol Building, 490 Old Santa Fe Trail, Santa Fe, New Mexico. The draft agenda for that meeting will be available here approximately ten (10) days prior.

Upcoming:

July 9, 2013:	Hearing in WQCC 12-09 (R), Dairy Rule Amendments
August 13, 2013	Deliberations in WQCC 12-01 (R), The Copper Rule
September 10, 2013:	Hearing in WQCC 12-12 (V), Variance Petition for Rajen Dairy
November 12, 2013	Hearing in WQCC 12-13 (V), Variance Petion for E. Portales Dairy

Ongoing Hearing in WQCC 12-01 (R), the Copper Rule.

Andrew Knight and Kathryn Becker NMED/OGC; Dal Moellenberg and TJ Trujillo, Gallagher & Kennedy; Bruce Fredrick and Jonathan Block, NMELC; Tannis L. Fox, NM Attorney General; William Olson; Louis W. Rose, Montgomery and Andrew, P.A.; Tracy Hughes, High Desert Energy Environment; John Indall, Comeau, Maldegen, Templemen and Indall.

The evidentiary record in WQCC 12-01 (R) is closed.

The post-hearing process is roughly this: we expect the transcripts to be completed by June 1. When they are completed, the Administrator will prepare and post a "notice of transcript filing" that will include a firm deadline forty-five days out for the parties' post-hearing submittals. We expect that deadline to be on or before July 15. All submittals will be posted on this page, and are exected to include written closing argument, a proposed statement of reasons, and a final rule proposal for the Commission to consider. We expect the Commission to deliberate on all proposals at its regular meeting on August 13, 2013.

* WQCC 12-01 (R), the Copper Rule.
	The Administrator's Pleading Log is available online. The referenced documents are below.
1.	Motion to Approve Schedule for Development of Copper Regulations
2.	Notice of Docketing
3.	Order Approving Revised Schedule for Development of Copper Regulations
4.	Petition to Adopt 20.6.7 and 20.6.8 NMAC and Request for Hearing
5.	AG's Motion to Admit Record from Tyrone Permit Appeal into Record Proper
6.	Freeport-McMoRan's Response to Petition for Rulemaking
7.	Entry of Appearance by Dalva Moellenberg and T.J. Trujillo, Gallagher & Kennedy, for FMI
8.	Gila Resources Information Project, Amigos Bravos and Turner Ranch Properties' Response to Petition
9.	NMED's Response to AG's Motion to Admit Record from Tyrone Permit Appeal
10.	Procedural Order
11.	Reply in Support of AG's Motion to Admit Record from Tyrone Permit Appeal
12.	Freeport-McMoRan's Objections to Procedural Order and Request for Clarification
13.	GRIP, Amigos Bravos and Turner Ranch Properties' Joint Motion to Dismiss Petition for Rulemaking
14.	Entry of Appearance by Louis Rose of Montgomery & Andrews and Jon Indall of Comeau, Maldegen, Templeman & Indall for the New Mexico Mining Association
15.	NMED's Brief on the Commission's Authority to Consider the Petition
16.	AG's Motion to Remand the Proposed Copper Mine Rule to NMED
		Attachment A, Attachment B, Attachment C, Attachment D, Attachment E, Attachment F, Attachment G
		Attachment H, Attachment I, Attachment J, Attachment K
17.	Freeport-McMoRan's Brief on the Commission's Authority to Conduct a Copper Industry-Specific Rulemaking
18.	AG's Response to FMI's Objections to Procedural Order and Request for Clarification
19.	FMI's Consolidated Response to Joint Motion to Dismiss Petition and the AG's Motion to Remand Proposed Rule
20.	AG's Response to FMI's Brief on the Commission's Authority to Consider Petition
21.	AG's Response to NMED's Brief on Commission's Authority to Consider Petition
22.	NM Mining Assoc. Consol. Memorandum in Response to AG's Motion to Remand Proposed Rules and Various Organizations' Joint Motion to Dismiss Petition for Rulemaking
23.	NMED's Response to Motions to Remand or Dismiss
24.	Entry of Appearance by Tracy Hughes
25.	Citizens' Joint Response to FMI's Brief on the Commission's Authority to Conduct Rulemaking and NMED's Brief on the Commission's Authority to Consider Petition
26.	Amigos Bravos' Motion to Postpone Hearing
27.	Joint Response to FMI's Objections to Procedural Order
28.	NMED's Notice of Substitution of Counsel
29.	AG's Unopposed Motion to Extend Time to Reply to FMI's Consolidated Response
30.	AG's Reply to NMED in Support of Motion to Remand
31.	AG's Reply to NM Mining Association in Support of Motion to Remand
32.	NMED's Reply Brief
33.	Citizens' Reply to NMED's Response to Remand or Dismiss and to NM Mining Association's Response
34.	Citizens' Reply to FMI's Response to Joint Motion to Dismiss Petition for Rulemaking
35.	FMI's Consolidated Reply to the Citizens' and AG's Responses to the Brief on Commission Authority
36.	NMED's Response to Amigos Bravos' Motion to Postpone Hearing
37.	FMI's Response to Amigos Bravos' Motion to Postpone Hearing
38.	Order Granting AG's Motion to Extend Time for Reply
39.	AG's Reply to FMI's Consolidated Response to Motion to Remand
40.	Order on AG's Motion to Admit Record from Tyrone Permit Appeal into Record Proper
41.	Order on FMI's Objection to Procedural Order and Request for Clarification
42.	Administrator's Service List
43.	Public notice of Hearing in English and in Spanish
44.	Order on Amigos Bravos' Motion to Postpone Hearing
45.	NMED's Amended Petition
46.	Amigos Bravos' Second Motion to Postpone Hearing
47.	Order on Amigos Bravos' Second Motion to Postpone Hearing
48.	Revised Public Notice of Hearing in English and in Spanish
49.	NMED Notice of Intent to Present Technical Testimony, with Testimony of Adrian Brown and Thomas Skibitski
	NMED Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19
50.	FMI Notice of Intent to Present Technical Testimony, with Testimony of T. Neil Blandford, John Brack, Timothy Eastep, Jim B. Finley, Michael Grass, Lynn Lande, Lewis Munk, James C. Scott, and Thomas L. Shelley
	FMI Exhibits Blandford 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23.
	Brack 1, 2, 3, 4, 5, 6, 7, 8. Eastep 1. Finley 1, 2, 3, 4, 5, 6. Grass 1, 2, 3, 4. Lande 1, 2, 3, 4, 5, 6, 7. Lande PowerPoint. Munk 1, 2.
	Scott A, B-1, B-2, C, D, D-1, D-2, D-3, D-4, D-5, D-6, D-7, D-8, D-9, D-10, D-11, D-12, D-13, D-14, D-15, D-16, D-17, D-18, D-19, D-20, D-21, D-22, D-23, D-24, D-25, D-26, D-27, D-28, D-29, D-30, D-31, D-32, D-33, D-34, D-35, D-36, D-37, D-38, D-39, D-40, D-41, D-42, D-43, E. Shelley 1, 2, 3, 4, 5-1, 5-2, 6, 7.
51.	NMAG Notice of Intent to Present Technical Testimony
	NMAG Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23.
52.	Amigos Bravos Notice of Intent to Present Technical Testimony, with Testimony of Brian Shields
	AB Exhibits 1, 2, 3, and 4.
53.	GRIP and Turner Ranch Properties Notice of Intent to Present Technical Testimony, with Testimony of James Kuipers and Sally Smith
	Kuipers Exhibits 1 and 2. Smith Exhibits 1, 2, 3, and 4.
54.	William Olson Notice of Intent to Present Technical Testimony
	WCO Exhibits 1, 2, 3, 4-6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17.
55.	FMI Motion for Extension of Time for One Exhibit
56.	Order Granting Motion for Extension of Time
57.	FMI Notice of Intent -- Supplemental Exhibit-Brack 4
58.	Revised Service List
59.	NMED's Notice of Objection to W.C. Olson's NOI
60.	NMED's NOI to Prsent Technical Rebuttal, with Testimony of Adrian Brown and Thomas Skibitski and Exhibit 20, Ex. 21, Ex. 22, Ex. 23, Ex. 24, Ex. 25, Ex. 26
61.	FMI's NOI to Present Technical Rebuttal, with Testimony of T. Neil Blandford, Timothy E. Eastep, Jim B. Finley, Jr., Michael Grass, Lynn Lande, Lewis Munk, James C. Scott, and Thomas L. Shelley. Exhibits: Blandford Ex. 1, Ex. 2, Ex. 3, Ex. 4, Ex. 5, Ex. 6, Ex. 7.
62.	FMI's Motion for Leave to Withdraw Testimony and Re-file Substitute, Condensed Testimony
63.	AGO Notice of Filing Rebuttal Testimony and Exhibits with Ex. 24, Ex. 25, Ex. 26, Ex. 27, Ex. 28, Ex. 29 and Ex. 30.
64.	AGO Notice of Errata
65.	AGO Motion to Strike NMED Notice of Objection
66.	Amigos Bravos' NOI to Present Rebuttal Technical Testimony
67.	GRIP and Turner Ranch Properties NOI to Present Technical Rebuttal Testimony with Kuipers Att. A and Att. B
68.	W.C. Olson NOI to Present Technical Rebuttal Testimony
69.	Amigos Bravos' Motion to Strike NMED's Notice of Objection
70.	William C. Olson Response to NMED Notice of Objection
71.	NMED's Motion to Exclude AGO Exhibits of Written Testimony and Transcripts From Prior Permit Appeal Proceedings
72.	NMED's Motion to Exclude Mr. Olson's Exhibits of Written Testimony and Transcripts from Prior Permit Appeal Proceedings
73.	AGO Response to FMI's Motion to Withdraw Testimony and File Substitute Testimony
74.	AGO Motion to Strike FMI Video - Brack Exhibit 4
75.	NMED's Response to AGO and Amigos Bravos' Motions to Strike Notice of Objection
76.	AGO's Response to NMED's Motion to Exclude AGO Exhibits and Testimony from Prior Proceedings
77.	Olson's Response to NMED's Motion to Exclude Olson's Exhibits and Testimony from Prior Proceedings
78.	FMI Response to AG Motion to Strike Video Exhibit -Brack 4
79.	FMI Reply on Motion to Withdraw and File Substitute Testimony
80.	Supplement to AGO Response to FMI Motion to File Substitute Testimony
81.	Order on Several Motions and Additional Procedural Matters
82.	NMAGO Notice of Errata
83.	FMI Notice of Errata

Concerning WQCC Matter 12-09 (R): Petition for Proposed Amendments to 20.6.6 NMAC, The Dairy Rule, Notices of Intent to Present Technical Testimony:

Dairy Industry Group NOI

Ashcraft Testimony

Exhibits

Ex. 1, Ex. 2, Ex. 3, Ex. 4, Ex. 5, Ex. 6, Ex. 7, Ex. 8

Burke Testimony

Exhibits

Ex. 1, Ex. 2, Ex. 3

Coalition (Amigos Bravos, Caballo Concerned Citizens, Sierra Club) NOI

Martin Testimony

Exhibits List

Ex. A, Ex. B, Ex. C, Ex. D, Ex. E, Ex. F, Ex. G, Ex. H, Ex. I, Ex. J, Ex. K, Ex. L, Ex. M, Ex. N

Also filed: The Coalition's Motion for Reconsideration and Memorandum of Law; DIGCE's Response to the Motion; the Coalition's Reply to DIGCE's Response; an Unopposed Motion to Continue the Hearing and an Order granting the Motion to Continue the Hearing.

The Coalition's Motion to Dismiss Petition was denied by the Commission on January 8, 2013.

The proposed amendments will proceed to hearing on July 9, 2013.

The duties and powers of the WQCC include adoption of a comprehensive water quality management program and continuing planning process, the administration of loans and grants from the federal government, the adoption of water quality standards, and the adoption of regulations "to prevent or abate water pollution in the state or in any specific geographic area or watershed of the state...or for any class of waters." Under this [State Water Quality] Act, water is defined as all water, including water situated wholly or partly within or bordering upon the state, whether surface or subsurface, public or private, except private waters that do not combine with other surface or subsurface water [§ 74-6-2.H, NMSA 1978]. More...

The basic authority for water quality management in New Mexico is provided through the State Water Quality Act (§§ 74-6-1 et seq., NMSA 1978). This law establishes the Water Quality Control Commission (WQCC, commission) and specifies its duties and powers. The commission is the state water pollution control agency for this state for all purposes of the federal Clean Water Act and the wellhead protection and sole source aquifer programs of the federal Safe Drinking Water Act [§ 74-6-3.E, NMSA 1987]. More...

All questions regarding the Commission should be directed to:

Pam Castaneda, Administrator
New Mexico Environment Department
1190 S. St. Francis Drive, N2153
P.O. Box 5469
Santa Fe, New Mexico USA 87502
E-mail: Pam.Castaneda@state.nm.us

Tel. (505) 827-2425

(505) 827-0310 Fax.

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