DRC-2013-005763 - 0901a068808224d5

,:&F,T'YFUELS Energy Fuels Resources (USA) Inc.
225 Unton Blvd. Suite 600
Lakew ood'
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www.energyfuels.com
August I2,2Ol3
VIA OVERNIGHT DELIVERY
Mr. Rusty Lundberg
Director of the Utah Division of Radiation Control
State of Utah Department of Environmental Quality
195 North 1950 West
P.O. Box 144850
salt Lake city, uT 84116-4850
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Re: Energy Fuels Resources (USA) Inc. ("EFRI") Settlement Agreement, Docket UGW13-03
Settlement Agreement
Dear Mr. Lundberg:
This letter is in response to the Utah Division of Radiation Control's ("DRC's") letter dated July 17,
2013 which EFRI received on August 12,2013 relating to the above-referenced matter.
Enclosed please find two copies of the proposed Settlement Agreement for Docket UGW13-03, signed
by EFRI. Please provide a copy signed by DRC at your earliest convenience.
If you have any questions or require anything further, please contact the undersigned.
Yours vergtruly,. t. n14W
, ENtrncy Funr,s Rnsouncns (USA) INc.'fy''\/ Jo Ann Tischler" Manager, Compliance and Licensing
cc David C. Frydenlund
Harold R. Roberts
David E. Turk
Kathv Weinel
UTAH DIVISION OF RADIATION CONTROL
IN THE MATTER OF I SETTLEMENT AGREEMENT
ENERGY FUELS RESOURCES (USA) INC.
225 UNION BLVD. SUITE 600 I UOCXNT NUMBER UGW13.O3SA
LAKEWOOD. CO 80228
A. STATUTORYAUTHORITY
This Settlement Agreement (hereinafter "AGREEMENT") is between 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. $$
19-5-101 to 19-5-123 (the ACT), including sections 19-5-104,19-5-106, 19-5-ll1 and 19-5-115.
This AGREEMENT is also executed in accordance with the Utah Administrative Procedures
Act, Utah Code Ann. $$ 63G4-101 to 63G-4-601 and Administrative Procedure Rules, Utah
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, means the Director of the Division of Radiation Control. Utah Code Ann. $
19-s-102(6).
The Director may enforce rules made by the Water Quality Board through the issuance of orders
in accordance with Utah Code Ann. $ l9-5-106(d).
B. AGREEMENT
l. This AGREEMENT resolves the violation cited in the Notice of Violation and Order,
Docket Number 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 now desire to resolve this matter fully without further administrative
proceedings except to the extent provided herein by entering into this AGREEMENT.
Entering into this AGREEMENT is not an admission of liability or factual allegation set
out in the NOV, 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 law, rule, regulation or permit
by the OPERATOR.
3. In resolution of violations of the NOV, the OPERATOR agrees to pay a total penalty
amount of $13,018 within 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 Environmental Quality
195 North 1950 West
Settlement AgreEtf,ent, Docket No. UGWI3-03SA
P.O. Box 144850
Salt Lake City, UT 84114-4850.
The penalty has been determined using the Penalty Criteria for Civil Settlement
Negotiations, Uah Admin. Code R317-1-8 which considers such factors as the nature,
severity and extent of the violations, history of noncompliance, degree of willfulness and/or
negligence, good faith efforts to comply, and economic benefit.
4. The deadline stipulated in item 3 above may be amended by prior written mutual agteement
of the parties. The party requesting the amendment must write to the other party 14
calendar days before the documented 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 AGREEMENT shall preclude the DIRECTOR from taking
additional actions to include additional penalties against the OPERATOR for permit violations
not resolved by this AGREEMENT.
Nothing in this AGREEMENT shall constitute a waiver by the OPERATOR to raise in defense
any legal or factual contention for future allegations of noncompliance.
Nothing in this AGREEMENT shall constitute or be considered as a release from any claims, to
include natural resource 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 waters of the
State.
AGREED to this -l1A* "r Ar+qzfrr,f ,2013.
0ENERGY FTIELS RESOURCES (USA) rNC.UTAH DIVISION OF RADIATION CONTROL
Print Name (/ R P"h '
rte 6ec. /P * Coo
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