DRC-2013-005762 - 0901a0688082242e

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'W*uYF.rELs
Energy Fuels Resources (USA) Inc.
225 Union Blvd. Suite 600
La kewood'
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www.energyfuels.com
August 23,2013
Sent VIA OVERNIGHT DELMRY
Mr. Rusty Lundberg
Division of Radiation Control
Utah Department of Environmental Quality
195 North 1950 West
P.O. Box 144850
salt Lake city, uT 841t4-482o
Dear Mr. Lundberg:
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Re: Energy Fuels Resources (USA) Inc. ("EFRI") Settlement Agreement, Docket UGW13'O3SA'
30 Day Payment Demand
This letter is in response to your letter dated August 14,2013 which EFRI received on August 19,
2OI3 relating to the above-referenced matter.
Enclosed please find a check in the amount of $13,018.00 in payment of the imposed penalty for one
violation cited in the Notice of Violation and Order dated July 16, 2013.
If you have any questions or require anything further, please contact the undersigned.
Yours very truly,
ENnncv Funr,s RBsouncps (USA) Inc.
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1o Ann Tischler
Manager, Licensing and Compliance
cc:David C. Frydenlund
Dan Hillsten
Harold R. Roberts
David E. Turk
,fp o-, DCF, Oll . I lr, DT, # r"/, 'sNt\./Department of
Environmental Quality
Anmnda Snrith
Executirv Areclor
DIVISION OF RADIATION CONTIiOL
Rusly l-undberg
Dircctor
Autgust 14,2013
CERTIFIED NIAIL
(Return Rcceipt Requested)
Jo Ann Tischler, Director, Compliance and Licensing
Ericigy Fuels Resourccs (USA) Inc.
225 Union Blvd.
Suite 600
Lakewood, CO 80228
Dear Ms. Tischler:
State of Utah
GARY R. HERBERT
Goventor
GREC BELL
Lieutenant Goventot'
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Subject:Settlement Agreement, Docket No. UGW13-03SA
Enclosed is a copy of the duly executed Settlement Agreement (SA), Docket No. UGWI3-03S4. Please
ensure that the required payment is submitted to the Utah Division of Radiation Control rvithin 30 calendar
days of the effecti'r,e date as required by item 3 of the SA.
Please contact Ton Rushing at [phone] if you have any questions concetning this matter.
Sincerely,
RL:TR:tr'
Enclosure: Copy of Executed Settlement Agreement Docket No. UGWI3-03S4
N:\Trushing\Energy Fucls\Groundrrater ReportsV0l2 Gmuldnrler ReportsV0l2 4th Quarter Revicrv\\otice of Violatim\Pmposed SA UCWI3-
03SA\UCWI 3-03 Lrccuted Sr\ Transmiltal Ltr.doc.\
195 North 1950 West . Ssll Lake City, U]'
Mailirrg Address: P.O. Box l44S:O . Salt Lake City, UT 84 I l4-4E50
Tehphorc [phone] . Far [phone] . T-D,D. [phone]
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UTAH DIVISION OF RADIATION CONTROL
IN THE MATTER OF I SETTLEMENT AGREEMENT
ENERGY FUELS RESOURCES (USA) INC.
225 UNION BLVD. SUITE 600 I NOCXNT NUMBf,R UGWI3-O3SA
LAKEIYOOD, CO 80228
A. STATUTORY AUTHORITY
This Settlernent Agreement (hereinafter "AGREEMBNT") is behveen Energy Fuels Resources
(USA) Inc. (hereinafter *OPERATOR") and the Director of the Utah Division of Radiation
Control (hereinafter the "DIRECTOR") under the Utah Water Quality Act, Utah Code Ann. $$
19-5-101 to 19-5-123 (theACT),includingsections L9-5-104, l9-5-106, 19-5-111and 19-5-115.
This AGREEMENT is also executed in accordance with the Utah Administrative Procedures
Act, Utah Code Ann. $$ 63G4-101 ro 63G-4-601 and Adrninishative Procedurc Ituies, Utaii
Admin Code R305-6.
Under the Water Quality Act, Utah Code Title 19, Chapter 5, "Director" for purposes of
groundwater quality at a facility licensed by and under the jurisdiction of the Division of
Radiation Control, neans the Dirrector of the Division of Radiation Control. Utah Code Ann. $
1e-s-102(6).
The Director may enforce rules rnade by the Water Quality Board tluough the issnance of orders
in accordance rvith Utah Code Amr. $ l9-5-106(d).
B. AGRBEMENT
l. This AGREEMENT rcsolves the violation cited in the Notice of Violation and Order,
Docket Nrunber UGW13-03 (hereinafter the "NOV") issued to the OPERATOR on
May 30, 2013, by the DIRECTOR. It does not in any way relieve the OPERATOR from
any other obligation imposed under the Act or any other State or Federal laws.
2. The parties notv clesire to resolve this rnatter ftilly without further adrninistlative
proceedings except ro the extent provided herein by entering into tiris AGREUMIIN'i'.
Entering into this AGREEIVIENT is not an admission of liability or factnal allegation set
out in the NOY, nor is it an admission of or an agreement to any disputed facts or disputed
legal theories, nor is it an admission of any violation of any lalv, rule, regulation or permit
by the OPERATOR.
3. In resolution of violations of tlre NOV, the OPERATOR agrees to pay a total penalty
amount of $13,018 rvithin 30 calendar days of the effective date of this AGREEMENT by
check made payable to the State of Utah, delivered or mailed to:
Division of Radiation Control
Department of Envil omnental Quality
195 North 1950 West
Settlement AgreElfent, Docket No. UGWI3-03SA
P.O. Box 144850
Salt Lake City, UT 841l4-4850.
Tlre penalty has been determined using the Penalty Criteria for Civil Settlentent
Negotiatiorts, Utah Aclmin. Code R317-l-8 rvhich considers such factors as the nature,
severity aud extent of the violations, history of noncompliance, degree of rvillfulness and/or
negligence, good faith efforts to comply, and econornic benefit.
4. The deadline stipulated in iteru 3 above nray be amended by prior rvritten mutual agreenrent
of tlre parties. The parly requesting the arrrendment must wdte to the other party 14
calendar days before the docurnented deadline and request an amendment of the deadline.
The other party will either agree to or deny the amendment in writing within 10 calendar
days ofreceipt ofthe request.
C. NOTICE
Nothing contained in this AGREENIENT shall preclude the DIRECTOR fiom taking
additional actions to include additional penalties against the OPERATOR for pennit violations
not rcsolved by this AGREEMENT.
Nothing in this AGREEMENT shall constitute a waiver by the OPERATOR to raise in defense
any legal or factr.ral contention for ftiture allegations of noncompliance.
Nothing in this AGREEMENT shall constitute or be considered as a release from any claims, to
include nafural r€source damage claims, cause of action, or demand in law or equity which the
STATE may have against the OPERATOR, or any other person, firm, partnership or corporation
for any liability arising out of or relating in any way to the release of pollutants to waterc of the
State.
AGREED tc, this l4$", "f A{4rq*at- ,2013.
tJ
UTAII DI'WSION OF RADIATION CONTROL
Print Name
Title&e.. /p * (ort
ENERGY FUELS RESOURCES (USA) INC.
Rusty
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