DRC-2008-002422 - 0901a068809b24ef

JON M. HUNTSMAN, JR.- Goveraor
GARY HERBERT
Lieuternnt Govemor
State of Utah
Department of
Environmental Quality
Dianne R. Nielson, Ph.D.
Executive Director
DTVISION OFRADIATION
CONTROL
Dane L. Finerfrock
Director
March 14,20f,8
Mr. David C. Frydenlund
Vice President, Regulatory Affairs & Counsel
Denison Mines (USAO Corp. (DUSA)
1050 Seventeenth St. Suite 950
Denver, Colorado, 80265
SUBJECT: Final Modified Ground Water Quality Discharge Permit UGW370004 (Permit) and public
Participation Summary (PPS) for DUSA Tailing Cell 4A: Permit No. UGW370004
Dear Mr. Frydenlund:
A public comment period was held regarding the Permit modifications, which closed on November 27,2007. The Utah
Division of Radiation Control (DRC) did not receive any written or verbal public comments during the public
participation period for the modifications to the Permit. After the public comment period DRC made some additional
minor modifications to the Permit. A copy of the Permit showing the additional modifications in red-line strikeout
format is enclosed with this letter. These modifications were considered minor or more protective to public health and
the environment. Therefore, it was not necessary to have an additional public comment period and the DRC proceeded
to incorporate the modifications into the Permit and it is effective immediately. Enclosed are copies of the PPS and the
modified Permit.
We request that you carefully read the final Permit to ensure future compliance with their provisions. If you have any
questions regarding the final Permit or PPS please contact Dean Henderson at [phone]. Thank you for your
cooperation in this matter.
UTAH RADIATION CONTROL BOARD
Dane L. Finerfrocl(fxecutive Secretary
Co- Executive Secretary, Utah Water Quality Board
DLF/DH
Enclosures
168 North 1950 West. P0 Box 144850. Salt Lake City, UT 84t l4-4850. phone [phone]. fax [phone]
T.D.D. (801 ) 536441 4 . www.deq.utah. gov
lltah!
Wtere ideas connect''
Permit No. UGW370004
STATE OF UTAH
DryISION OF WATER QUALITY
DEPARTMENT OF ENVIRONMENTAL QUALITY
UTAH WATER QUALmY BOARD
SALT LAKE CITY, UTAH 84114-487A
GROI.]ND WATER DISCHARGE PERMIT
In compliance with the provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code
Annotated 1953, as amended, the Act,
Denison Mines (USA) Corp.
Independence Plaza, Suite 950
1050 17th Street
penver, Colorado 80265
is granted a ground water discharge permit for the operation of a uranium milling and tailings
disposal facility located approximately 6 miles south of Blanding, Utah. The facility is locaied
on a tract of land in Sections 28,29,32, and 33, Township 37 South, Range Z2East, Salt Lake
Base and Meridian, San Juan County, Utah.
The permit is based on representations made by the Permittee and other information contained in
the administrative record. It is the responsibility of the Permittee to read and understand all
provisions of this permit.
The milling and tailings disposal facility shall be operated and revised in accordance with
conditions set forth in the permit and the Utah Ground Water Quality Protection Regulations.
This modified Ground Water Quality Discharge Permit amends and supersedes all other Ground
Water Discharge permits for this facility issued previously.
This permit
This permit
shall become effective on
shall expire March 8. 2010.
Signed *is /7 ! day ot ry'lttr , 2008
Co-Executive
Utah Water
Table of Contents
PART I. SPECTFTC PERMIT CONDmIONS............ ...................... I
A. Gnouxo Warsn ClessmcerroN.......... ....................... I
B. Becronoumo Werrn Quar-rrv... ............... I
C. Prnlrrlnrnrrs .........2
l. Ground Water Compliance Limits .........2
2. Tailings Cell Operations........... ..............2
3. Prohibited Discharges ...........2
D. DrscHeRcr MnvnrzenoN AND BBsr AveTABLE TECHNoLocy SreNoenos................... 8
l. DMT Design Standards for Existing Tailings Cells l, 2, and 3..................................... 8
2. Existing Tailings Cell Construction Authorized .... 10
3. Existing Facility DMT Performance Standards ...... 104. Best Available Technology Requirements for New Construction ...............................12
5. BAT Design Standards for Tailings Cell 4A............. ............... 13
6. BAT Perfornance Standards for Tailings Cell 4A............ ....... 15
7 . Definition of 11e.(2) Waste....... ........... 16
8. Closed Cell Performance Requirements..... ............ 169. Facility Reclamation Requirements........... ............. 16
10. Stormwater Management and Spill Control Requirements........... ............. 16
I l. DMT Requirements for Feedstock Material Stored Outside the Feedstock Storage Area
........ t7
E. Gnouruo Wersn CotvpI-nNCE AND TrcsNorocy PERFoRMANCE MoNrroRrNG .............17
l. Routine Groundwater Compliance Monitoring............. ...........172. Groundwater Monitoring: Monitoring Wells MW-20 and MW-22............................ 18
3. Groundwater Head Monitoring ............ 18
4. Groundwater Monitoring Well Design and Construction Criteria............................... l9
5. Monitoring Procedures for Wells ......... 19
6. White Mesa Seep and Spring Monitoring .............. 197. DMT Performance Standard Monitoring ...............20
8. BAT Perfornance Standard Monitoring ................20
9. On-site Chemicals Inventory ................21
10. Tailings Cell Wastewater Quality Monitoring .......21
1 l. Groundwater Monitoring Modifications ................22
F. RBponrncReeum,swNTs........... ............22
1. Routine Groundwater Monitoring Reports .............22
2. Routine DMT Performance Standard Monitoring Report...... ....................23
3. Routine BAT Perfornance Standard Monitoring Reports .......23
4. DMT and BAT Performance Upset Reports ..........23
5. Other Information............... ..................23
6. Groundwater Monitoring Well As-Built Reports..... ................23
7. White Mesa Seep and Spring Monitoring Reports..... ..............24
8. Chemicals Inventory Report .................24
9. Tailings Cell Wastewater Quality Reports .............24
10. Revised Hydrogeologic Report ............24
11. Annual Slimes Drain Recovery Head Report............... ............25
G. Our or CorwlmNcE STATUS ....................25
1. Accelerated Monitoring Status .............25
2. Violation of Permit Limits ...................25
3. Failure to Maintain DMT or BAT Required by Permit.. ..........26
4. Facility Out of Compliance Status .......26
5. Accelerated Monitoring Status for New Wells ......27H. ColeueNcp Scneour-e Rrqum.mmNTs. .......... .........27l. lnstallation of New Groundwater Monitoring Wells... .............2j2. Revised Hydrogeologic Report ............273. Background Ground Water Quality Report: Existing Wells .....................2g4. Background Groundwater Quality Report: New Monitoring WeIls........ ....................295. Tailings Cells Wastewater Quality Sampling P1an.......... .........296. Monitoring Well Remedial Action and Reporr ...... 307. Monitoring Well MW-3 Verification, Retrofit, or Reconstruction Report.................. 308. white Mesa Seeps and Springs sampling work Plan and Report .............309. On-site Chemicals Inventory Report ...................... 3110. Infiltration and Contaminant Transport Modeling Work Plan and Report..................3I
1 l. Plan for Evaluation of Deep Supply Well WW-z ............... .....3312. Liner Maintenance Provisions.............. .................. 33
15. Contingency PIan........ ...:.............. ........ 3316. Revised Stormwater Best Management Practices Plan ............34
18. Repair of Monitor Well MW-5 ............... ...............34
19. Cell 4,{ BAT Monitoring Operations and Maintenance PIan .......... ..........34
21. Feedstock Material Stored Outside the Feedstock Storage Area Management Plan.... 3422. QAP Non-Conformance.............. .........34
PART tr. REPORTING REQLnREIVIENTS......... ......... 35A. RepRpsrx-rerrvr Se1pmqc............... ....... 35B. ANeryrrcar PnocBor_rnns................ ........ 35C. PsNerrres roR TervrprnrNc............ ........... 35D. RrpoRrwc oF MoN]ToRING REsULTS ....... 35E. CorwI-telrcE ScHEDULES............... ........... 35F. AoornoNeL MoxrroRnic By rTrE PsnvurreB ............ 35G. Rrconps Colnrlus. ............... 35H. RrrrNuoN oF RECoRDS................ ............ 35I. Nonce oFNoNCoMpLrANCERBpoRrnrc .................... 36J. Onmn NoNcolplrANcERrpoRrnqc ........36K. INsprcrroN axo ENrRy ........... 36
PART M. COMPLIANCE RESPONSIBILITIES ,.....,...37A. Dury ro CoMpLy ....................37B. PnNarrms roR VloLarroNs orPrRlorCoworroNs............... .....37C. Neeo ro HALT on Rrpucr Acrrvrry Nor A DrrsNsr ..................37D. DuryroMrrrcATE ..................37E. PnopBn OprReIIoNANDMArNTENANCE....... ..............37
PART IV. GENERAL REQUIREMENTS ............ ........ 38A. Pr-emNso CnaNcBs ................. 3gB. ANIcpATEDNoNCoTIpLrANCE........ .........3gC. PpnrurAcrrous... ...................39D. Dury roRrappry............... .... 3gE. Dury ro PRovnt IlrronuarroN ......... ..... 3gF. Orrmn INronuenoN............. .................... 3gG. SrcNaroRy RequrnrwNTs........... ........... 3g
H. PeNarrms roR FersmcATroN on RrpoRrs ............... ................... 39I. AverlesLruy opRrponrs.............. ..........39J. PnoprRry RlcHrs ................... 39K. SrvnRenu-ny............... ...........39L. TReNsrrRs ............39M. Srersl-aws ..........40N. RnoprNrn PRovrsroxs................ .............. 40
List of Tables
Table 1. Ground Water Classification ............ ....... 1
Table 2. Groundwater Compliance Limits.... .........3
Table 3. DMT Engineering Design and Specifications ........... 8
Table 4. Feedstock Storage Area Coordinates .....12
Table 5. Approved Tailings Cell 44 Engineering Design and Specifications...... ..... l3
Table 6. Groundwater Monitoring Reporting Schedule... ......22
llt
Part I
Permit No. UGW370004
PART I. SPECIFIC PERMIT CONDITIONS
A. Gnourto WergR CI-assmcerloN - the ground water classification of the shallow aquifer
under the tailings facility has been determined on a well-by-well basis, as defined in Table l,
below:
I) Based on historic total dissolved solids (TDS) data provided by Permittee for period between October, 1979 and May, 1999. Average
concentrations calculated by Utah Division of Radiation Control (DRC) staff in a November 29, 1999 memorandum.
2) Based on average of DRC split samples collected from the White Mesa facility between May, 1999 and September, 2002.
3) Number of IUC or DRC samples used in the evaluation of average TDS concentrations.
4) Classification of well MW-19 based on the conservatively lower IUC data.
5) Wells MW-20 and MW-22 Ne not point of compliance monitoring wells, but instead are groundwater head monitoring wells as per Part LE.2.
6) Well MW-26 was originally named TW4-15 and was installed as a part of a recent chloroform contaminant investigation at the facility. Under
this Permit, MW-26 is defined as a Point of Compliance (POC) well for the tailings cells (see Part I.E.l ) .
7) Well TW4-16 was installed as a part of a recent chloroform investigation at the facility, and has been included in the Permit as groundwater
head monitoring well (Part I.E.2). Groundwater classification provided here based on average of both the IUC and DRC data (2 samples).
8) Well MW-32 was originally named TW4-17 and was installed as a part of a recent chloroform contaminant investigation at the facility. Under
this Permit it is included as a POC well for the tailings cells in Part I.E.l .
B. BecrcnouND WarrR Quernv - background groundwater quality will be determined on a
well-by-well basis, as defined by the mean plus second standard deviation concentration.
After Executive Secretary approval of the Background Groundwater Quality Reports required
by Part I.H.3 and 4, this permit will be re-opened and Table 2 revised to define background
concentrations and groundwater compliance limits for all required contaminants.
Table 1. Ground Water Classification
Class II Groundwater Class III Groundwater
Well ID Average fDS (msfl)
Well ID
Averase TDS (ms/l
Permittee
Data DRC Data Permittee
Data
DRC Data ("
Avg.
Conc.(l)
No. of
Data(3)
Avg.
Conc.(2)
No. of
DataG)
Avg.
Conc.(1)
No. of
Data€)
Avg.
Conc.(2)
No. of
Data(3)
Historic Monitorins Wells
MW-l 1,276 68 1,268 4 MW-2 3,031 67 3,103 4
NIW-5 2,081 69 2,068 4 MW-3 5.200 67 5,289 4
MW-l1 1,834 50 2,039 4 MW-12 3.939 50 3,756 4
MW-I8 2.545 9 2.611 4 MW-14 3.582 30 3,589 4
MW-l9(",2.697 9 3.120 4 MW-15 3,855 30 3.847 4
MW-20',,,2.977 1 nJa 0 Nrw-17 4.538 11 4.542 4
Nrw-22"'5,105 I nla 0
Recent Monitorins Wells
MW-26(ol 3,120 I 3,206 I
TW4-16t"2,930 1 3,430 I
MW-32(o,3,190 1 3,650 1
Part I
Permit No. UGW370004
C. PsnvurLnnrs - the Permittee shall comply with the following permit limits:
l. Ground Water Compliance Limits - contaminant concentrations measured in each
monitoring well shall not exceed the Ground Water Compliance Limits (GWCL) defined
in Table 2,below. Ground water quality at the site must at all times meet all the
applicable GWQS and ad hoc GWQS defined in R3l7-6 even though this permit does not
require monitoring for each specific contaminant.
2. Tailings Cell Operations - only I l.e.(2) by-product material authorized by Utah
Radioactive Materials License No. UT-2300478 (hereafter License) shall be discharged to
or disposed of in the tailings ponds.
3. Prohibited Discharges - discharge of other compounds such as paints, used oil,
antifreeze, pesticides, or any other contaminant not defined as I le.(2) material is
prohibited.
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Table 3. DMT neering Desi and Specifications
Tailings
Cell
Report
Tvoe Ensineerins Reoort Desisn Fisures
Construction
Specifications
Cell 1 Design June, 1979 D'Appolonia
Consulting Engineers, Inc (r)Appendix A, Sheets 2,4,8,
9.12-15
Appendix B
Cell2 Design June, 1979 D'Appolonia
Consultins Engineers. Inc (1)
Appendix A, Sheets 2,4,7-
10, l2-15
Appendix B
As-Built February, 1982 D'Appolonia
Consulting Engineers, Inc (2)
Figures 1,2, and 17 N/A
Cell3 Design May, 1981D'Appolonia
Consulting Engineers, Inc G)
Sheets 2-5 Appendix B
As-Built March, 1983 Energy Fuels
Nuclear, Inc. (a)
Figures I -4 N/A
Footnotes:
Part I
Permit No. UGW370O04
D. DrscuancE MrNrMzATroN AND BEST Averenr-B TrcnNolocy STANDARDS - the tailings
disposal facility must be built, operated, and maintained according to the following Discharge
Minimization Technology (DMT) and Best Available Technology (BAT) standards:
1. DMT Design Standards for Existing Tailings Cells l, 2, and 3 - shall be based on existing
construction as described by design and construction information provided by the
Permittee, as summarized in Table 3 below for Tailings Cells 7,2, and3:
l) D'Appolonia Consulting Engineers, Inc., June, 1979, "Engineers Repor Tailings Management System White Mesa Uranium Project
Blanding, Utah Energy Fuels Nuclear, Inc. Denver, Colorado", unpublished consultants report, approximately 50 pp., 2 figures, I6 sheets, 2
appendices.
D'Appolonia Consulting Engineers, Inc., February, 1982, "Construction Report Initial Phase - Tailings Management System White Mesa
Uranium Project Blanding, Utah Energy Fuels Nuclear, Inc. Denver, Colorado", unpublished consultants report, approximately 7 pp., 6 tables,
13 figures, 4 appendices.
D'Appolonia Consulting Engineers, Inc., May, 1981, "Engineer's Report Second Phase Design - Cell 3 Tailings Management System White
Mesa Uranium Project Blanding, Utah Energy Fuels Nuclear, Inc. Denver, Colorado", unpublished consultants report, approximately 20 pp., I
figure, 5 sheets, and 3 appendices.
Energy Fuels Nuclear, Inc., March, 1983, "Construction Report Second Phase Tailings Management System White Mesa Uranium Project
Energy Fuels Nuclear, lnc.", unpublished company report, l8 pp., 3 tables, 4 figures, 5 appendices.
a) Tailings Cell I - consisting of the following major design elements:
1) Cross-valley Dike and East Dike - constructed on the south side of the pond of
native granular materials with a 3:l slope, a 20-foot crest width, and a crest
elevation of about 5,620 ft above mean sea level (amsl). A dike of similar design
was constructed on the east margin of the pond, which forms a continuous earthen
structure with the south dike. The remaining interior slopes are cut-slopes at 3rl
grade.
Liner System - including a single 30 mil PVC flexible membrane liner (FML)
constructed of solvent welded seams on a prepared sub-base. Top elevation of the
FML liner was 5,618.5 ft amsl on both the south dike and the north cut-slope. A
protective soil cover layer was constructed immediately over the FML with a
thickness of l2-inches on the cell floor and 18-inches on the interior sideslope.
Crushed Sandstone Underlay - immediately below the FML a nominal 6-inch
thick layer of crushed sandstone was prepared and rolled smooth as a FML sub-
base layer. Beneath this underlay, native sandstone and other foundation
materials were graded to drain to a single low point near the upstream toe of the
south cross-valley dike. Inside this layer, an east-west oriented pipe was installed
2)
3)
4)
2)
3)
Part I
Permit No. UGW370004
to gather fluids at the upstream toe of the cross-valley dike.
b) Tailings cell2 - which consists of the following major design elements:
l) Cross-valley Dike - constructed at the south margin of Cell 2 of native granular
materials with a 3:l slope, a 2O-foot crest width, and crest elevation of about
5,615 ft amsl. The east and west interior slopes consist of cut-slopes with a 3: l
grade. The Cell I south dike forms the north margin of Cell 2, with a crest
elevation of 5,620 ft amsl.
2) Liner System - includes a single 30 mil PVC FML liner constructed of solvent
welded seams on a prepared sub-base, and overlain by a slimes drain collection
system. Top elevation of the FML liner in Cell2 is 5,615.0 ft and 5,613.5 ft amsl
on the north and south dikes, respectively. Said Cell2 FML liner is independent
of all other disposal cell EML liners. Immediately above the FML, a nominal l2-
inch (cell floor) to l8-inch (inside sideslope) soil protective blanket was
constructed of native sands from on-site excavated soils.
3) Crushed Sandstone Underlay - immediately below the FML a nominal 6-inch
thick layer of crushed sandstone was prepared and rolled smooth as a FML sub-
base layer. Beneath this underlay, native sandstone and other foundation
materials were graded to drain to a single low point near the upstream toe of the
south cross-valley dike. Inside this layer, an east-west oriented pipe was installed
to gather fluids at the upstream toe of the cross-valley dike.
4) Slimes Drain Collection System immediately above the FML a nominal l2-inch
thick protective blanket layer was constructed of native silty-sandy soil. On top of
this protective blanket, a network of 1.5-inch PVC perforated pipe laterals was
installed on a grid spacing interval of about 50-feet. These pipe laterals gravity
drain to a 3-inch diameter perforated PVC collector pipe which also drains toward
the south dike and is accessed from the ground surface via a24-inch diameter,
vertical non-perforated HDPE access pipe. Each run of lateral drainpipe and
collector piping was covered with a 12 to 18-inch thick berm of native granular
filter material. At cell closure, leachate head inside the pipe network will be
removed via a submersible pump installed inside the Z4-inch diameter HDPE
access pipe.
c) Tailings Cell 3 - consisting of the following major design elements:
1) Cross-valley Dike - constructed at the south margin of Cell 3 of native granular
materials with a 3:l slope, a 2O-foot crest width, and a crest elevation of 5,610 ft
amsl. The east and west interior slopes consist of cut-slopes with a 3: I grade.
The Cell 2 south dike forms the north margin of Cell 3, with a crest elevation of
5,615 ft amsl.
2) Liner System - includes a single 30 mil PVC FML liner constructed of solvent
welded seams on a prepared sub-base, and overlain by a slimes drain collection
system. Top elevation of the FML liner in Cell 3 is 5,613.5 ft and 5,608.5 ft amsl
on the north and south dikes, respectively. Said Cell 3 FML liner is independent
of all other disposal cell FML liners.
3) Crushed Sandstone Underlay - immediately below the FML a nominal 6-inch
2.
Part I
Permit No. UGW370OO4
thick layer of crushed sandstone was prepared and rolled smooth as a FML sub-
base layer. Beneath this underlay, native sandstone and other foundation
materials were graded to drain to a single low point near the upstream toe of the
south cross-valley dike. Inside this layer, an east-west oriented pipe was installed
to gather fluids at the upstream toe of the cross-valley dike.
4) Slimes Drain Collection Layer and System - immediately above the FML, a
nominal l2-inch (cell floor) to 18-inch (inside sideslope) soil protective blanket
was constructed of native sands from on-site excavated soils (707o) and dewatered
and cyclone separated tailings sands from the mill (3OVo). On top of this
protective blanket, a network of 3-inch PVC perforated pipe laterals was installed
on approximately 5O-foot centers. This pipe network gravity drains to a 3-inch
perforated PVC collector pipe which also drains toward the south dike, where it is
accessed from the ground surface by a l2-inch diameter, inclined IIDPE access
pipe. Each run of the 3-inch lateral drainpipe and collector pipe was covered with
a 12 to 1S-inch thick berm of native granular filter media. At cell closure,
leachate head inside the pipe network will be removed via a submersible pump
installed inside the 12-inch diameter inclined access pipe.
Existing Tailings Cell Construction Authoized- tailings disposal in existing Tailings
Cells l, 2, and 3 is authorizedby this permit as defined in Table 3 and Part I.D.1, above.
Authorized operation and maximum disposal capacity in each of the existing tailings cells
shall not exceed the levels authorized by the License. Under no circumstances shall the
freeboard be less than three (3) feet, as measured from the top of the FML. Any
modification by the Permittee to any approved engineering design parameter at these
existing tailings cells shall require prior Executive Secretary approval, modification of
this Permit, and issuance of a construction permit.
Existing Facility DMT Performance Standards - the Permittee shall operate and maintain
certain mill site facilities and the existing tailings disposal cells to minimize the potential
for wastewater release to groundwater and the environment, including, but not limited to
the following additional DMT compliance measures:
a) DMT Monitoring Wells at Tailings Cell I -at all times the Permittee shall operate and
maintain Tailings Cell I to prevent groundwater quality conditions in any nearby
monitoring well from exceeding any Ground Water Compliance Limit established in
Table 2 of this Permit.
b) Tailings Cells 2 and 3 - including the following performance criteria:
1) Slimes Drain Maximum Allowable Head - the Permittee shall at all times
maintain the average wastewater head in the slimes drain access pipe to be as low
as reasonably achievable (ALARA) in each tailings disposal cell, in accordance
with the currently approved DMT Monitoring Plan. Compliance shall be
achieved when the average annual wastewater recovery elevation in the slimes
drain access pipe, determined pursuant to the currently approved DMT
Monitoring Plan, meets the conditions in Equation l, below:
J.
10
Part I
Permit No. UGW370004
Equation l:
[IEv+lEy-r+LEv+]/ [Nv+Ny-r +Ny-z] < [IEy-r +\F,rz+lEy-: ]/ [Ny-r +Ny-z +Nv-s]
Where:
IEy = Sum of all slimes drain tailings fluid elevation measurements made at the end of each 90-
hour recovery test collected during the calendar year ofinterest. Hereafter, these water level
measurements are referred to as slimes drain recovery elevations (SDRE). Pursuant to the
approved DMT Monitoring Plan, these recovery tests are to be conducted monthly and the SDRE
values reported in units of feet above mean sea level (amsl).
IEy-r = Sum of all SDRE measurements made in the year previous to the calendar year of
interest.
IEy-z = Sum of all SDRE measurements made in the second year previous to the calendar
year of interest.
IEy-l = Sum of all SDRE measurements made in the third year previous to the calendar year
of interest.
Nl = Total number of slimes drain 90-hour recovery tests conducted during the calendar year
of interest.
Ny-r = Total number of slimes drain 90-hour recovery tests conducted in the year previous to the
calendar year of interest.
\-, = Total number of slimes drain 90-hour recovery tests conducted in the second year
previous to the calendar year of interest.
Ny-: = Total number of slimes drain 90-hour recovery tests conducted in the third year previous
to the calendar year of interest.
Prior to January l,20ll, the following values for E and N values in Equation I
shall be based on SDRE data from the following calendar years.
Report for
Calendar
Year
tqqlge of Data By Calendar Year for Equation I Variables (rieht side)
Ev-r Ev-z Ev-:Nv-r N..,Ny-:
2008 2007 2007 2007 2007 2001 2001
2009 2008 2007 2001 2008 2007 2007
2010 2009 2008 2001 2009 2008 2007
Failure to satisfy conditions in Equation I shall constitute DMT failure and non-
compliance with this Permit. For cell 3, this requirement shall apply after
initiation of de-watering operations.
Maximum Tailings Waste Solids Elevation - upon closure of any tailings cell, the
Permittee shall ensure that the maximum elevation of the tailings waste solids does
not exceed the top of the FML liner.
DMT Monitoring Wells - at all times the Permittee shall operate and maintain
Tailings cells 2 and 3 to prevent groundwater quality conditions in any nearby
monitoring well from exceeding any Ground Water Compliance Limit established in
Table 2 of this Permit.
11
Part I
Permit No. UGW370004
Roberts Pond -the Permittee shall operate this wastewater pond so as to provide a
minimum 2-foot freeboard at all times. Under no circumstances shall the water level
in the pond exceed an elevation of 5,624 feet amsl. In the event that the wastewater
elevation exceeds this maximum level, the Permittee shall remove the excess
wastewater and place it into containment in Tailings Cell I within 72 hours of
discovery. At the time of mill site closure, the Permittee shall reclaim and
decommission the Roberts Pond in compliance the final Reclamation Plan approved
under the License (hereafter Reclamation Plan).
Feedstock Storage Area -open-air or bulk storage of all feedstock materials at the
facility awaiting mill processing shall be limited to the eastern portion of the mill site
area described in Table 4, below. Storage of feedstock materials at the facility outside
this area, shall meet the requirements in Part I.D.11. At the time of mill site closure,
the Permittee shall reclaim and decommission the Feedstock Storage Area in
compliance with an approved Reclamation Plan.
Table 4. Feedstock Sto Area Coordinates (l)a
Corner Northins (ft)Easting (ft)
Nonheast 323,595 2.s80.92s
Southeast 322,140 2.580.920
Southwest 322,140 2.580.420
West I 322,8t5 2.580.410
West 2 323,040 2,s80,085
West 3 323,120 2,580,085
West 4 323,315 2,580,285
West 5 323,415 2,579,990
Northwest 323.600 2,579,990
Footno'1e: r) l#is:Txi::fl"#?::f,:'f#ri,:;tr?};1,,ii"fi:li:1ffff11T}"ffi[:?ll?fi#iliffi "*,Revised June, 2001.)
g) Mill Site Chemical Reagent Storage - for all chemical reagents stored at existing
storage facilities and held for use in the milling process, the Permittee shall provide
secondary containment to capture and contain all volumes of reagent(s) that might be
released at any individual storage area. Response to spills, cleanup thereof, and
required reporting shall comply with the provisions of an approved Emergency
Response Plan as found in an approved Stormwater Best Management Practices PIan,
stipulated by Parts I.D.10 and I.H.16 of this Permit. For any new construction of
reagent storage facilities, said secondary containment and control shall prevent any
contact of the spilled or otherwise released reagent or product with the ground
surface.
4. Best Available Technology Requirements for New Construction - any construction,
modification, or operation of new waste or wastewater disposal, treatment, or storage
facilities shall require submittal of engineering design plans and specifications, and prior
Executive Secretary review and approval. All engineering plans or specifications
submitted shall demonstrate compliance with all Best Available Technology (BAT)
requirements stipulated by the Utah Ground Water Quality Protection Regulations (UAC
R317-6). Upon Executive Secretary approval this Permit may be re-opened and modified
to include any necessary requirements.
e)
0
t2
e).\pproved'l'aihngs Cell 44 teering Desisn and Soecifications
Engineering Drawings
Name Date Revision
No.
Title
Sheet I of7 Jtne,2007 Title Sheet
Sheet 2 of 7 June 15,2007 Rev. I Site Plan
Sheet 3 of 7 June 15, 2007 Rev. I Base Grading Plan
Sheet 4 of 7 June 15, 2007 Rev. 1 Pipe Layout Plan
Sheet 5 of 7 June 15, 2007 Rev. I Lin ng System Details I
Sheet 6 of 7 June 15, 2007 Rev. 1 Lin ng System Details tr
Sheet 1 of7 June 15, 2007 Rev. I Lin ng System Details Itr
Engineerin g Specifications
Date Document Title Prepared by
June,2007 Revised Technical Specifications for the
Construction of Cell 4,A Linine Svstem
Geosyrtec Consultants
Iune,2007 Revised Construction Quality Assurance Plan
for the Construction of Cell 4,{ Linine System
Geosyntec Consultants
March 27,2007 Revised Geosynthetic Clay Liner Hydration
Demonstration Work Plan (l)Geosyntec Consultants
November 27,2006 Cell Seismic Study(MFG Consulting
Scientists and Engineers
October 6,2006 Calculation of Action Leakage Rate Through
the lrakage Detection System Underlying a
Geomembrane Liner
Geosyntec Consultants
lune 22,2006 Slope Stability Analysis Cell 4A - Interim
Conditions
Geosyntec Consultants
June 23.2006 Settlement Evaluation of Berms (z)Geosyntec Consultants
August 22,2006 Pipe Strength Calculations Geosyntec Consultants
September 27,2007 DMC Cell 4,{ - GCL Hvdration Geosyntec Consultants
Part I
Permit No. UGW370004
5. BAT Design Standards forTailings Cell 4.A - the BAT design standard forTailings Cell4A
shall be defined by and construction conform to the requirements of the June 25, 2007
Executive Secretary design approval letter for the relining of former existing Tailings Cell
No. 44, and as summarized by the engineering drawings, specifications, and description in
Table 5, below:
Table 5
Footnotes:
I ) As qualified by conditions found in May 2,2007 Division of Radiation control letter.2) As clarified by February 8,2007 Division ofRadiation Control Round 6 htenogatory
Tailings Cell 4,A Design and Construction - approved by the Executive Secretary will consist
of the following major elements:
a) Dikes - consisting of existing earthen embankments of compacted soil, constructed by
the Permittee between 1989-1990, and composed of four dikes, each including a l5-foot
wide road at the top (minimum). On the north, east, and south margins these dikes have
slopes of 3H to lV. The west dike has an interior slope of 2H to lV. Width of these
dikes varies, Each has a minimum crest width of at least l5 feet to support an access
t3
b)
Part I
Permit No. UGW370004
road. Base width also varies from 89-feet on the east dike (with no exterior
embankment), to 2ll-feet at the west dike.
Foundation - including existing subgrade soils over bedrock materials. Foundation
preparation included excavation and removal of contaminated soils, compaction of
imported soils to a maximum dry density of 907o. Floor of Cell 4,A, has an average slope
of l%o that grades from the northeast to the southwest corners.
Tailings Capacity - the floor and inside slopes of Cell 4A encompass about 40 acres and
have a maximum capacity of about 1.6 million cubic yards of tailings material storage (as
measured below the required 3-foot freeboard).
Liner and Irak Detection Systems - including the following layers, in descending order:
Primary Flexible Membrane Liner (FML) - consisting of impermeable 60 mil high
density polyethylene (HDPE) membrane that extends across both the entire cell floor
and the inside side-slopes, and is anchored in a trench at the top ofthe dikes on all
four sides. The primary FML will be in direct physical contact with the tailings
material over most of the Cell 44, floor area. In other locations, the primary FML
will be in contact with the slimes drain collection system (discussed below).
Leak Detection System - includes a permeable HDPE geonet fabric that extends
across the entire area under the primary FML in Cell 44, and drains to a leak
detection sump in the southwest corner. Access to the leak detection sump is via an
l8-inch inside diameter (ID) PVC pipe placed down the inside slope, located between
the primary and secondary FML liners. At its base this pipe will be surrounded with
a gravel filter set in the leak detection sump, having dimensions of l0 feet by 10 feet
by 2 feet deep. In turn, the gravel filter layer will be enclosed in an envelope of
geotextile fabric. The purpose of both the gravel and geotextile fabric is to serve as a
filter.
Secondary FML - consisting of an impermeable 60-mil HDPE membrane found
immediately below the leak detection geonet. Said FML also extends across the
entire Cell 4,{ floor, up the inside side-slopes and is also anchored in a trench at the
top of all four dikes.
Geosynthetic Clay Liner - consisting of a manufactured geosynthetic clay liner
(GCL) composed of 0.2-inch of low permeability bentonite clay centered and stitched
between two layers of geotextile. Prior to disposal of any wastewater in Cell 44, the
Permittee shall demonstrate that the GCL has achieved a moisture content of at least
507o by weight. This item is a revised requirement per DRC letter to DUSA dated
September 28,2001
e) Slimes Drain Collection System - including a two-part system of strip drains and
perforated collection pipes both installed immediately above the primary FML, as
follows:
l) Horizontal Strip Drain System - is installed in a herringbone pattern across the floor
of Cell 4,{ that drain to a "backbone" of perforated collection pipes. These strip
drains are made of a prefabricated two-part geo-composite drain material (solid
polymer drainage strip) core surrounded by an envelope of non-woven geotextile
filter fabric. The strip drains are placed immediately over the primary FML on 50-
c)
d)
1)
2)
3)
4)
t4
Part I
Permit No. UGW370004
foot centers, where they conduct fluids downgradient in a southwesterlydirection to a
physical and hydraulic connection to the perforated slimes drain collection pipe. A
series of continuous sand bags, filled with filter sand cover the strip drains. The sand
bags are composed of a woven polyester fabric filled with well graded filter sand to
protect the drainage system from plugging.
2) Horizontal Slimes Drain Collection Pipe System - includes a "backbone" piping
system of 4-inch ID Schedule 40 perforated PVC slimes drain collection (SDC) pipe
found at the downgradient end of the strip drain lines. This pipe is in turn overlain by
a berm of gravel that runs the entire diagonal Iength of the cell, surrounded by a
geotextile fabric cushion in immediate contact with the primary FML. In turn, the
gravel is overlain by a Iayer of non-woven geotextile to serve as an additional filter
material. This perforated collection pipe serves as the "backbone" to the slimes drain
system and runs from the far northeast corner downhill to the far southwest corner of
Cell 4A where it joins the slimes drain access pipe.
3) Slimes Drain Access Pipe - consisting of an 18-inch ID Schedule 40 PVC pipe
placed down the inside slope of Cell 4,A. at the southwest corner, above the primary
FML. Said pipe then merges with another horizontal pipe of equivalent diameter and
material, where it is enveloped by gravel and woven geotextile that serves as a
cushion to protect the primary FML. A reducer connects the horizontal l8-inch pipe
with the 4-inch SDC pipe. At some future time, a pump will be set in this 18-inch
pipe and used to remove tailings wastewaters for purposes of de-watering the tailings
cell.
North Dike Splash Pads - three 20-foot wide splash pads will be constructed on the north
dike to protect the primary FML from abrasion and scouring by tailings slurry. These
pads will consist of an extra layer of 60 mil HDPE membrane that will be installed in the
anchor trench and placed down the inside slope of Cell 4,A, from the top of the dike,
under the inlet pipe, and down the inside slope to a point 5-feet beyond the toe of the
slope.
Emergency Spillway - a concrete lined spillway will be constructed near the western
corner of the north dike to allow emergency runoff from Cell 3 into Cell 44. This
spillway will be limited to a 6-inch reinforced concrete slab set directly overthe primary
FML in a 4-foot deep trapezoidal channel. No other spillway or overflow structure will
be constructed at Cell 4,A. All stormwater runoff and tailings wastewaters not retained in
Cells 2 and 3, will be managed and contained in Cell 44, including the Probable
Maximum Precipitation and flood event.
6. BAT Perforrnance Standards for Tailings Cell 44, - the Permittee shall operate and
maintain Tailings Cell 4,A so as to prevent release of wastewater to groundwater and the
environment in accordance with BAT Monitoring Operations and Maintenance Plan, as
currently approved by the Executive Secretary, pursuant to Par-t I.H.l9. At a minimum
these perforrnance standards shall include:
Leak Detection System (I-DS) Maximum Allowable Daily Head - the fluid head in
the LDS shall not exceed 1 foot above the lowest point in the lower membrane liner.
LDS Maximum Allowable Daily I.eak Rate - shall not exceed 24,160 gallons/day.
0
s)
a)
b)
t5
Part I
Permit No. UGW370004
c) Slimes Drain Monthly and Annual Average Recovery Head Criteria - after the
Permittee initiates pumping conditions in the slimes drain layer in Cell 4A, the
Permittee will provide continuous declining fluid heads in the slimes drain layer, in a
manner equivalent to the requirements found in Part I.D.3(b).
d) Maximum Weekly Wastewater Irvel - under no circumstance shall the freeboard be
less then 3-feet in Cell 44, as measured from the top of the upper FML.
7 . Definition of I la (2) Waste - for purposes of this Permit, lle.(2) waste is defined as: "...
tailings or wastes produced by the extraction or concentration of uranium or thorium from
any ore processed primarily for its source material content", as defined in Section 1le.(2)
of the U.S. Atomic Energy Act of 1954, as amended; which includes other process related
wastes and waste streams described by a March 7 ,2003 NRC letter from Paul H. Lohaus
to William J. Sinclair.
8. Closed Cell Performance Requirements - before reclamation and closure of any tailings
disposal cell, the Permittee shall ensure that the final design, construction, and operation
of the cover system at each tailings cell will comply with all requirements of an approved
Reclamation Plan, and will for a period of not less than 200 years meet the following
minimum performance requirements :
a) Minimize infiltration of precipitation or other surface water into the tailings,
including, but not limited to the radon barrier, and
b) Prevent the accumulation of leachate head within the tailings waste layer that could
rise above or over-top the maximum FML liner elevation internal to any disposal cell,
i.e. create a "bathtub" effect.
c) Ensure that groundwater quality at the compliance monitoring wells does not exceed
the Ground Water Quality Standards or Ground Water Compliance Limits specified in
Pan I.C.l and Table 2 of this Permit.
9. Facility Reclamation Requirements - upon commencement of decommissioning, the
Permittee shall reclaim the mill site and all related facilities, stabilize the tailings cells,
and construct a cover system over the tailings cells in compliance with all engineering
design and specifications in an approved Reclamation PIan. The Executive Secretary
reserves the right to require modifications of the Reclamation Plan for purposes of
compliance with the Utah Ground Water Quality Protection Regulations, including but
not limited to containment and control of contaminants, or discharges, or potential
discharges to Waters of the State.
10. Stormwater Management and Spill Control Requirements - the Permittee will manage all
contact and non-contact stormwater and control contaminant spills at the facility in
accordance with the currently approved Stormwater Best Management Practices Plan.
Said plan includes the following minimum provisions:
a) Protect groundwater quality or other waters of the state by design, construction,
and/or active operational measures that meet the requirements of the Ground Water
Quality Protection Regulations found in UAC R317-6-6.3(G) and R3l7-6-6.4(C),
b) Prevent, control and contain spills of stored reagents or other chemicals at the mill
site,
t6
Part I
Permit No. UGW370004
c) Cleanup spills of stored reagents or other chemicals at the mill site immediately upon
discovery,
d) Report reagent spills or other releases at the mill site to the Executive Secretary in
accordance with UAC 19-5-114.
Reconstruction of stormwater management and/or chemical reagent storage facilities,
existing at the time of original Permit issuance, may be required by the Executive
Secretary after occurrence of a major spill or catastrophic failure, pursuant to Part IV.N.3
of this Permit.
11. DMT Requirements for Feedstock Material Stored Outside the Feedstock Storage Area -
the Permittee shall store and manage feedstock materials outside the ore storage pad in
accordance with an approved Feedstock Management Plan pursuant to Part LH.21of the
permit.
E. GnouNo Weren ColplIeNCE AND TrcnNor-ocv PrRToRMANCE MoxrroRrNc - beginning
with the effective date and lasting through the term of this permit or as stated in an approved
closure plan, the Permittee shall sample groundwater monitoring wells, monitor groundwater
levels, monitor water levels of process solutions, and monitor and keep records of the
operation of the facility, as follows:
1. Routine Groundwater Compliance Monitoring - the Permittee shall monitor
upgradient, lateral gradient, and downgradient ground water monitoring wells
completed in the shallow aquifer in the vicinity of all potential discharge sources that
could affect local groundwater conditions at the facility, as follows:
a) Ground Water Monitoring Quality Assurance Plan - all groundwater monitoring and
analysis performed under this Permit shall be conducted in accordance with a Quality
Assurance Plan (QAP) currently approved by the Executive Secretary. Any non-
conformance with QAP requirements in a given quarterly ground water monitoring
period will be corrected and reported to the Executive Secretary on or before
submittal of the next quafterly ground water monitoring report pursuant to Part I.F.1
b) Quarterly Monitoring - the Permittee shall monitor on a quarterly basis all monitoring
wells listed in Table 2 of this Permit where local groundwater average linear velocity
has been found by the Executive Secretary to be equal to or greater than l0 feet/year.
For purposes of this Permit, quarterly monitoring is required at the following wells:
l) Upgradient Wells: none
2) Lateral or Downgradient Wells: IVIW-Il, MW-14, MW-26 (formerly TW4-15),
and MW-32 (formerly TW4-17).
c) Semi-annual Monitoring - the Permittee shall monitor on a semi-annual basis all
monitoring wells listed in Table 2 of this Permit where local groundwater average
linear velocity has been found by the Executive Secretary to be less than l0 feetlyear.
For purposes of this Permit, semi-annual monitoring is required at the following
wells:
tl
Part I
Permit No. UGW370004
Upgradient Wells: MW-I, MW-I8, and MW-19,
Lateral or Downgradient Wells: MW-2, MW-3, MW-5, MW-12, MW-l5, and
MW-17,
d) Compliance Monitoring Parameters - all groundwater samples collected shall be
analyzed for the following parameters:
l) Field Parameters -depth to groundwater, pH, temperature, and specific
conductance.
2) LaboratoryParameters
i. GWCL Parameters - all contaminants specified in Table 2.
ii. General Inorganics -+hloride, sulfate, carbonate, bicarbonate, sodium,
potassium, magnesium, calcium, and total anions and cations.
e) Special Provisions for Groundwater Monitoring - the Permittee shall ensure that all
groundwater monitoring conducted and reported complies with the following
requirements:
l) Depth to Groundwater Measurements - shall always be made to the nearest 0.01
foot.
Minimum Detection Limits - all groundwater quality analyses reported shall have
a minimum detection limit or reporting limit that is less than its respective Ground
Water Compliance Limit concentration defined in Table 2.
Gross Alpha Counting Variance - All gross alpha analysis shall be reported with
an elror term. All gross alpha analysis reported with an activity equal to or greater
than the GWCL, shall have a counting variance that is equal to or less than 20Vo
of the reported activity concentration. An error term may be greater than 20Vo of
the reported activity concentration when the sum of the activity concentration and
error term is less than or equal to the GWCL.
4) All equipment used for purging and sampling of ground water shall be made of
inert materials.
2. Groundwater Monitoring: Monitoring Wells MW-20 and MW-22 - Starting with the l't
Quarter 2008 groundwater event the Permittee shall implement a quarterly groundwater
sampling program. Said sampling shall comply with the following Permit requirements:
a) Routine groundwater compliance monitoring requirements of Part I.E.l
b) Well monitoring procedure requirements of Part I.E.5.
After completion of eight (8) consecutive quarters of groundwater sampling and analysis
of MW-20 and MW-22, the Permittee shall submit a report that will include: l) the
groundwater quality data, and 2) calculated groundwater velocities in the vicinity of MW-
20 andNNV-22. The said report shall be submitted by March 1,2070. After review of
this report the Executive Secretary will re-open the Permit, and adjust the sampling
frequency in accordance with criteria found in Part I.E.1(b) or (c).
3. Groundwater Head Monitoring - on a quarterly basis and at the same frequency as
groundwater monitoring required by Part I.E.l, the Permittee shall measure depth to
l8
1)
2)
2)
3)
Part I
Permit No. UGW3',70004
groundwater in the following wells and/or piezometers:
a) Point of Compliance Wells - identified in Table 2 and Part I.8.1 of this Permit,
b) Piezometers - P-1, P-2,P-3, P-4, P-5.
c) Existing Monitoring Wells - MW-20 and,NNV-22.
d) Contaminant Investigation Wells: any well required by the Executive Secretary as a
part of a contaminant investigation or groundwater corrective action, and
e) Any other wells or piezometers required by the Executive Secretary.
4. Groundwater Monitoring Well Design and Construction Criteria - all new groundwater
monitoring wells installed at the facility shall comply with the following design and
construction criteria:
a) Located as close as practical to the contamination source, tailings cell, or other
potential origin of groundwater pollution,
Screened and completed in the shallow aquifer,
Designed and constructed in compliance with UAC R3l7-6-6.3(IX6), including the
EPA RCRA Ground Water Monitoring Technical Enforcement Guidance Document,
1986, OSWER-9950.1.
d) Aquifer tested to determine local hydraulic properties, including but not limited to
hydraulic conductivity.
5. Monitoring Procedures for Wells - beginning with the date of Permit issuance, all
monitoring shall be conducted by the Permittee in conformance with the following
procedures:
a) Sampling - grab samples shall be taken of the ground water, only after adequate
removal or purging of standing water within the well casing has been performed.
Sampling Plan - all sampling shall be conducted to ensure collection of representative
samples, and reliability and validity of groundwater monitoring data.
Laboratory Approval - all analyses shall be performed by a laboratory certified by the
State of Utah to perform the tests required.
Damage to Monitoring Wells - if any monitor well is damaged or is otherwise
rendered inadequate for its intended purpose, the Permittee shall notify the Executive
Secretary in writing within five days of discovery.
Field Monitoring Equipment Calibration and Records - immediately prior to each
monitoring event, the Permittee shall calibrate all field monitoring equipment in
accordance with the respective manufacturer's procedures and guidelines. The
Permittee shall make and preserve on-site written records of such equipment
calibration in accordance with Part tr.G and H of this Permit. Said records shall
identify the manufacturer's and model number of each piece of field equipment used
and calibration.
6. White Mesa Seep and Spring Monitoring - after approval of the plan required by Part
I.H.8, this Permit will be modified to require annual monitoring of selected seeps or
b)
c)
b)
c)
d)
e)
l9
Part I
Permit No. UGW370004
springs on White Mesa.
7. DMT Performance Standard Monitoring - the Permittee shall perform technology
performance monitoring in accordance with the currently approved DMT Monitoring
Plan to determine if DMT is effective in minimizing and controlling the release of
contaminants pursuant to the provisions of Parts I.D.l and LD.3 of this Permit, including,
but not limited to the following activities:
a) Weekly Tailings Wastewater Pool Elevation Monitoring: Cells 1 and 3 - the
Permittee shall monitor and record weekly the elevation of wastewater in Tailings
Cells I and 3 to ensure compliance with the maximum wastewater elevation criteria
mandated by Condition 10.3 of the License. Said measurements shall be made from a
wastewater level gauge or elevation survey to the nearest 0.01 foot.
b) Monthly Slimes Drain Water Irvel Monitoring: Cells 2 and 3 - the Permittee shall
monitor and record monthly the depth to wastewater in the slimes drain access pipes
as described in the currently approved DMT Monitoring Plan at Tailings Cells 2 and 3
to determine the 90-hour fluid recovery head. For purposes of said monitoring, the
Permittee shall at each tailings cell:
a. Designate, operate, maintain, and preserve one water level measuring point at the
centerline of the slimes drain access pipe that has been surveyed and certified by a
Utah licensed engineer or land surveyor.
b. Make all slimes drain recovery head (depth to fluid) measurements from the same
designated water level measuring point, and
c. Record and report all fluid depth measurements to the nearest 0.01 foot.
For Cell 3 these requirements shall apply upon initiation of tailings de-watering
operations.
Weekly Wastewater kvel Monitoring: Roberts Pond - the Permittee shall monitor
and record weekly wastewater levels at the Roberts Pond to determine compliance
with the DMT operations standards in Part I.D.3. Said measurements shall be made
in accordance to the currently approved DMT Monitoring Plan.
Weekly Feedstock Storage Area Inspection - the Permittee shall develop a Standard
Operating Procedure for the License and inspect the Feedstock Storage Areas to:
Confirm the bulk feedstock materials are maintained within the approved
Feedstock Storage Area defined by Table 4, and
Verify that all alternate feedstock materials located outside the Feedstock Area
defined in Table 4, are maintained within water-tight containers.
e) Feedstock Material Stored Outside the Feedstock Storage Area Maintenance Plan-
after Executive Secretary approval of the Feedstock Storage Area Maintenance Plan,
required by Part l.H.zI of this Permit, the Permittee shall immediately implement said
Plan.
8. Cell4A BAT Perforrnance Standard Monitoring - after Executive Secretary approval of
the Tailings Cell 4.A Operations and Maintenance Plan, required by Part I.H.l9 of this
20
c)
d)
Part I
Permit No. UGW37OO04
Permit, the Permittee shall immediately implement all monitoring and recordkeeping
requirements therein. At a minimum, said BAT monitoring shall include:
a) Weekly Irak Detection System (LDS) Monitoring - including:
l) Leak Detection System Pumping and Monitoring Equipment - the Permittee
shall provide continuous operation of the leak detection system pumping and
monitoring equipment, including, but not limited to, the submersible pump,
pump controller, head monitoring, and flow meter equipment approved by the
Executive Secretary. Failure of any pumping or monitoring equipment not
repaired and made fully operational within 24-hours of discovery shall
constitute failure of BAT and a violation of this Permit.
2) Maximum Allowable Head - the Permittee shall measure the fluid head above
the lowest point on the secondary flexible membrane by the use of procedures
and equipment approved by the Executive Secretary. Under no circumstance
shall fluid head in the leak detection system sump exceed a l-foot level above
the lowest point in the lower flexible membrane liner. The occurrence of leak
detection system fluids above this 1-foot limit shall constitute failure of BAT
Technology and a violation of this Permit.
3) Maximum Allowable Daily LDS Flow Rates - the Permittee shall measure the
volume of all fluids pumped from the LDS. Under no circumstances shall the
average daily LDS flow volume exceed 24,160 gallons/day.
4) 3-foot Minimum Vertical Freeboard Criteria - the Permittee shall operate and
maintain wastewater levels to provide a 3-foot Minimum of vertical freeboard in
Tailings Cell 4,{. Said measurements shall be made to the nearest 0.1 foot.
b) Slimes Drain Recovery Head Monitoring - immediately after the Permittee initiates
pumping conditions in the Tailings Cell 4A slimes drain system, monthly recovery
head tests and fluid level measurements will be made in accordance with a plan
approved by the Executive Secretary.
9. On-site Chemicals Inventory - the Permittee shall monitor and maintain a current
inventory of all chemicals used at the facility at rates equal to or greater than 100 kg/yr.
Said inventory shall be maintained on-site, and shall include, but is not limited to:
a. Identification of chemicals used in the milling process and the on-site laboratory,
b. Determination of volume and mass of each raw chemical currently held in storage at
the facility.
10. Tailings Cell Wastewater Quality Monitoring - on an annual basis, the Permittee shall
collect wastewater quality samples from each wastewater source at each tailings cell at the
facility, including, but not limited to: surface impounded wastewaters, and slimes drain
wastewaters. All such sampling shall be conducted in August of each calendar year in
compliance with the approved Tailings Cell Wastewater Quality Sampling Plan required by
Part LH.5 of this Permit. The Permittee shall also provide at least a 30-day notice in
advance of the annual sampling event, so as to allow the Executive Secretary to collect split
samples of the various tailings cells wastewater sources.
21
Part I
Permit No. UGW370004
I l. Groundwater Monitoring Modifications - before any modification of groundwater
monitoring or analysis procedures, methods, or equipment, the Permittee must obtain
prior written approval from the Executive Secretary.
F. Rrponrnqc Rreurnrwvrs - The following reporting procedures for routine and compliance
reports must be met.
l. Routine Groundwater Monitoring Reports - the Permittee shall submit quarterly
monitoring reports of field and laboratory analyses of all well monitoring and samples
described in Parts I.E.l, 7.8.2,I.E.3, I.E.5, and LE.7 of this Permit for Executive Secretary
review and approval. Reports shall be submitted according to the following schedule:
Table 6. Ground Moni R Schedulewater Monrtonn eportlr
Quarter Period Due Date
First January - March June I
Second April - June September I
Thtud Julv - Seotember December 1
Fourth October - December March I
Failure to submit the reports by the due date shall be deemed as noncompliance with this
permit. Said monitoring reports shall include, but are not limited to, the following
minimum information:
Field Data Sheets - or copies thereof that provide the following: well name, date and
time of well purging, date and time of well sampling, type and condition of well
pump, depth to groundwater before purging and sampling, calculated well casing
volume, volume of water purged before sampling, volume of water collected for
analysis, types of sample containers and preservatives.
Laboratory Results - or copies thereof that provide the following: date and time
sampled, date received by laboratory, and for each parameler analyzed, the following
information: laboratory result or concentration, units of measurement, minimum
detection limit or reporting limit, analyical method, date of analysis, counting error
for radiologic analyses, total cations and anions for inorganic analysis.
Water Table Contour Map - which provides the location and identity of all wells
sampled that quarter, the measured groundwater elevation at each well measured in
feet above mean sea level, and isocontour lines to delineate groundwater flow
directions observed during the quarterly sampling event.
Quality Assurance Evaluation and Data Validation - including a written description
and findings of all quality assurance and data validation efforts conducted by the
Permittee in compliance with the Groundwater Monitoring Quality Assurance Plan.
Said report shall verify the accuracy and reliability of the groundwater quality
compliance data, after evaluation of sample collection techniques and equipment,
sample handling and preservation, analytical methods used, etc.
Non-confornance disclosure - with each quarterly ground water monitoring report the
Permittee shall fully and completely disclose all non-conformance with requirements
of the currently approved QAP, mandated by Part I.E.1(a)
a)
b)
c)
d)
e)
22
2.
a
4.
5.
6.
Part I
Permit No. UGW370004
0 Electronic Data Files and Format - in addition to written results required for every
sampling report, the Permittee shall provide an electronic copy of all Iaboratory
results for groundwater quality monitoring conducted. Said electronic files shall
consist of Comma Separated Values (CSV) format, or as otherwise approved by the
Executive Secretary.
Routine DMT Performance Standard Monitoring Report - the Permittee shall provide
quarterly monitoring reports of all DMT performance standard monitoring required by
PartI.E.1 of this Permit. DMT monitoring shall be conducted in compliance with the
currently approved DMT Monitoring Plan. Said monitoring reports and results shall be
submitted for Executive Secretary approval on the schedule provided in Table 6, above.
Routine Cell 4A BAT PerforTnance Standard Monitoring Reports - the Permittee shall
provide quarterly monitoring reports of all BAT performance standard monitoring
required by Part I E.8 of this Permit. BAT Monitoring Cell 4A shall be conducted in
compliance with a plan approved by the Executive Secretary pursuant to Part I.H.l9.
Said monitoring report and results shall be submitted for Executive Secretary approval on
the schedule provided in Table 6 above. At a minimum, reporting of BAT monitoring for
Cell4A will include:
a) LDS Monitoring - including:
1) Report on the operational status of the LDS pumping and monitoring equipment
during the quarter, including identification of any intervals of non-operational
status and repairs.
2) Measurement of the weekly fluid head at the lowest point of the secondary
membrane
3) Measurement of the volume of all fluids pumped from the LDS.
b) Measurement of the weekly wastewater fluids elevation in the Cell 44. to determine
freeboard
c) Slimes Drain Recovery Head Monitoring as per the requirements of Parts I.D.6) and
r.E.8(b).
DMT and BAT Performance Upset Reports - the Permittee shall report any non-
compliance with the DMT or BAT performance criteria of Part I.D in accordance with the
requirements of Part I.G.3 of this Permit.
Other Information - when the Permittee becomes aware of a failure to submit any relevant
facts in the permit application or submittal of incorrect information in a permit
application or in any report to the Executive Secretary, the Permittee shall submit such
facts or information within l0 days of discovery.
Groundwater Monitoring Well As-Built Reports - as-built reports for new groundwater
monitoring wells shall be submitted for Executive Secretary approval within 60 days of
23
Part I
Permit No. UGW370004
well completion, and at a minimum will include the following information:
a) Geologic Logs - that detail all soil and rock lithologies and physical properties of all
subsurface materials encountered during drilling. Said logs shall be prepared by a
Professional Geologist licensed by the State of Utah, or otherwise approved
beforehand by the Executive Secretary.
b) Well Completion Diagram - that detail all physical attributes of the well construction,
including:
1) Total depth and diameters of boring,
2) Depth, type, diameter, and physical properties of well casing and screen, including
well screen slot size,
3) Depth intervals, type and physical properties of annular filterpack and seal
materials used,
4) Design, type, diameter, and construction of protective surface casing,
5) Survey coordinates prepared by a State of Utah licensed engineer or land
surveyor, including horizontal coordinates and elevation of water level measuring
point, as measured to the nearest 0.01 foot.
c) Aquifer Permeability Data - including slug test, aquifer pump test or other hydraulic
analysis to detennine local aquifer hydraulic conductivity in each well.
7 . White Mesa Seep and Spring Monitoring Reports - after approval of the work plan and
report required by Part I.H.8, this Permit may be modified to require annual monitoring
and reporting of selected seeps or springs on White Mesa.
8. Chemicals Inventory Report - at the time of Permit renewal the Permittee shall submit a
report to update the facilities chemical inventory report required by Part I.H.9. Said
report shall provide all inventory information gathered pursuant to Part I.E.9.
9. Tailings Cell Wastewater Quality Reports - all annual wastewater quality sampling and
analysis required by Part I.E.l0 shall be reported to the Executive Secretary with the 3'd
Quarter groundwater quality report due on December I of each calendar year. Said report
shall include all information required by Part I.F.l(a), (b), (d), and (e) of this Permit.
10. Revised Hydrogeologic Report - pursuant to Part IV.D of this Permit, and at least 180
days prior to Permit expiration, the Permittee shall submit for Executive Secretary
approval a revised hydrogeologic report for the facility and surrounding area. Said report
shall provide a comprehensive update and evaluation of:
a) Local hydrogeologic conditions in the shallow aquifer, including, but not limited to:
local geologic conditions; time relationships and distribution of shallow aquifer head
measurements from facility wells and piezometers; local groundwater flow directions;
and distribution of aquifer permeability and average linear groundwater velocity
across the site, and
b) Well specific groundwater quality conditions measured at facility monitoring wells
for all groundwater monitoring parameters required by this Permit, including, but not
24
Part I
Permit No. UGW370004
limited to: temporal contaminant concentrations and trends from each monitoring
well; statistical tests for normality of each contaminant and well, including univariate
or equivalent tests; calculation of the mean concentration and standard deviation for
each well and contaminant.
1l. Annual Slimes Drain Recovery Head Report - on or before March I of each year the
Permittee shall submit for Executive Secretary approval an annual slimes drain recovery
head report for Tailings Cells 2 and 3. Said report shall conform to the requirements of
Part I.D.3(b), I.E.7(b), and II.G of this Permit, and:
a) Provide the individual monthly slimes drain recovery head monitoring data for the
previous calendar year, including , but not limited to: date and time for the start and
end of recovery test, initial water level, final depth to water and recovery water level
elevation.
b) Calculate the average slimes drain recovery head for the previous calendar year.
c) Demonstrate compliance status with the requirements of Part I.D.3(b) and I.E.7(b) of
this Permit.
G. Our oF CoMPLIANCE STATUS
1. Accelerated Monitoring Status - is required if the concentration of a pollutant in any
compliance monitoring sample exceeds a GWCL in Table 2 of the Permit; the facility
shall then:
Notify the Executive Secretary in writing within 30 days of receipt of data; and
Immediately initiate accelerated sampling of the pollutant as follows:
1) Quarterly Baseline Monitoring Wells - for wells defined by Part I.E.1(b) the
Permittee shall initiate monthly monitoring,
2) Semi-annual Baseline Monitoring Wells - for wells defined by Part I.E.l(c) the
Permittee sh all ini ti ate quarterly moni tori n g.
Said accelerated monitoring shall continue at the frequencies defined above until the
compliance status of the facility can be determined by the Executive Secretary.
2. Violation of Permit Limits - out-of-compliance status exists when:
a) The concentration of a pollutant in two consecutive samples from a compliance
monitoring point exceed:
l) A GWCL in Table 2 of this Permit, and;
2) The reported ground water concentration for that pollutant exceeds the mean by
two standard deviations. For purposes of this Permit, the standard deviation and
mean will be calculated using values for the ground water pollutant at each
individual compliance monitoring point or well; or
b) The concentration value of any pollutant in two or more consecutive samples is
statistically significantly higher than the applicable permit limit. The statistical
significance shall be determined using the statistical methods described in Statistical
a)
b)
25
Part I
Permit No. UGW370004
Methods for Evaluating Ground Water Monitoring Data from Hazardous Waste
Facilities, Vol. 53, No. 196 of the Federal Register, Oct. 11, 1988.
3. Failure to Maintain DMT or BAT Required by Permit
Permittee to Provide Information - in the event that the Permittee fails to maintain
DMT or BAT or otherwise fails to meet DMT or BAT standards as required by the
permit, the Permittee shall submit to the Executive Secretary a notification and
description of the failure according to R317-6-6.16(CX1). Notification shall be given
orally within 24 hours of the Permittee's discovery of the failure of DMT or BAT, and
shall be followed up by written notification, including the information necessary to
make a determination under R317-6-6.16(C)(2), within five days of the Permittee's
discovery of the failure of best available technology.
The Executive Secretary shall use the information provided under R317-6-6.16.C(1)
and any additional information provided by the Fermittee to determine whether to
initiate a compliance action against the Permittee for violation of permit conditions.
A compliance action shall not be initiated, if the Executive Secretary determines that
the Permittee has met the standards for an affirmative defense, as specified in R317-6-
6.16(cx3).
Affirmative Defense - in the event a compliance action is initiated against the
Permittee for violation of permit conditions relating to best available technology or
DMT, the Permittee may affirmatively defend against that action by demonstrating
the following:
The Permittee submitted notification according to R3l7-6-6.13;
The failure was not intentional or caused by the Permittee's negligence, either in
action or in failure to act
The Permittee has taken adequate measures to meet permit conditions in a timely
manner or has submitted to the Executive Secretary, for the Executive Secretary's
approval, an adequate plan and schedule for meeting permit conditions; and
The provisions of UCA 19-5-107 have not been violated.
4. Facility Out of Compliance Status - if the facility is out of compliance, the following is
required:
a) The Permittee shall notify the Executive Secretary of the out of compliance status
within 24 hours after detection of that status, followed by a written notice within 5
days of the detection.
b) The Permittee shall continue accelerated sampling pursuant to Part I.G.l, unless the
Executive Secretary determines that other periodic sampling is appropriate, until the
facility is brought into compliance.
c) The Permittee shall prepare and submit within 30 days to the Executive Secretary a
plan and a time schedule for assessment of the sources, extent and potential
dispersion of the contamination, and an evaluation of potential remedial action to
restore and maintain ground water quality to insure that permit limits will not be
exceeded at the compliance monitoring point and that DMT or BAT will be
a)
b)
c)
l)
2)
3)
4)
26
Pan I
Permit No. UGW370004
reestablished.
The Executive Secretary may require immediate implementation of the contingency
plan to be submitted pursuant to Part I.H.l5, in order to regain and maintain
compliance with the permit limit standards at the compliance monitoring point or to
reestablish DMT or BAT as defined in the permit.
Where it is infeasible to reestablish DMT or BAT as defined in the permit, the
Permittee may propose an alternative DMT or BAT for approval by the Executive
Secretary.
5. Accelerated Monitoring Status for New Wells - any new compliance monitoring well
installed by the Permittee after issuance of this Permit, will be designated a compliance
monitoring point, and subject to the requirements of Part I.G of this Permit, after
submittal and Executive Secretary approval of the Background Groundwater Quality
Report required by Part I.H.4 of this Permit.
H. ColruANCE Scmout-r Rreum.nlmNTs. The Permittee will comply with the schedules as
described and summarized below:
l. Installation of New Groundwater Monitoring Wells - within 30 days of issuance of this
Permit, the Permittee shall submit a plan for the installation of new monitoring wells for
Executive Secretary approval. Said plan shall include the following information:
a) Tailings Cell I DMT Wells -one (l) hydraulically upgradient well and two (2)
hydraulically downgradient wells that comply with the provisions of Part I.E.3 of this
Permit, and the well location map submitted by the Permittee on April 16,2004.
New Compliance Monitoring Wells for Tailings Cells 2 and 3 -an adequate number
and location of monitoring wells to ensure:
l) Early detection of tailings cell contamination of shallow groundwater from
Tailings Cells 2 and 3. The number and location of these wells shall conform to
the provisions of Part 1.8.4, and the well location map submitted by the Permittee
on April 76,2004, and
2) Discrete monitoring of each individual disposal cell. For Cell2 this shall mean
installation of three (3) monitoring wells on the shared dike between Cells 2 and
3, as per the well location map submitted by the Permittee on April 16,2004.
New well design and construction details that comply with Pan I.E.4 of this Permit.
2. Revised Hydrogeologic Report - the revised hydrogeologic report submitted for
Executive Secretary approval shall include:
a) Monitoring well as built report for each well that complies with the information
requirements of Part I.F.6.
b) Hydrogeologic data from each new well, including but not limited to: depth and
elevation of groundwater level, and aquifer test results to determine local
permeability.
d)
e)
b)
c)
27
Part I
Permit No. UGW370004
Comprehensive hydrogeologic evaluation of the facility that includes both new data
collected during or as a result of the new monitoring well installation required by Part
I.H.1, and all existing hydrogeologic information available for the site.
Aquifer test results to determine local hydraulic conductivity and other aquifer
properties at existing well MW-32 (formerly TW4-17).
Average linear groundwater velocity calculated for each well, based on well specific
hydraulic conductivity, hydraulic gradient, and effective aquifer porosity.
If after review of the revised hydrogeologic report, the Executive Secretary determines
that additional information is required, the Permittee shall provide all requested
information, resolve all issues identified, and re-submit the report for Executive Secretary
review and approval within a timeframe approved by the Executive Secretary.
If after review of this report, the Executive Secretary determines that additional
monitoring wells are required to adequately monitor the facility, the Permit will he re-
opened and modified to require all necessary improvements pursuant to Part IV.N.3.
3. Background Ground Water Quality Report: Existing Wells -the content of the
Background Ground Water Quality Report for all existing monitoring wells at the facility
shall include:
All available groundwater quality data for all existing monitoring wells at the facility.
A quality assurance evaluation and data validation of the existing and historic on-site
groundwater quality data that on a well-by-well and contaminant specific basis:
I ) Identifies, justifies, and/or culls any zero concentration values reported,
2) Determines the adequacy of minimum detection limits used, particularly with
respect to the corresponding GWQS for each contaminant,
3) Adequately addresses any special statistical needs for management of data sets
with a large proportion of non-detectable values,
4) Determines the adequacy of laboratory and analytical methods used,
5) Determines the consistency of laboratory units of reporting,
6) Evaluates and justifies iniernal consistency between specific and composite types
of groundwater quality analysis (e.g. major ions and TDS),
7) Identifies and justifies any groundwater concentration outliers,
8) Tests the selected groundwater quality data for each individual well and
contaminant for normality, and justifies the use of parametric or non-parametric
statistical methods for each.
An examination and justification of any temporal and/or spatial groundwater quality
concentration phenomena, that shall include, but are not limited to:
l) Any long term or apparently increasing contaminant concentration trends found in
any existing monitoring wells,
2) Any long term or apparently increasing contaminant concentration ratios observed
in existing monitoring wells.
28
c)
d)
e)
a)
b)
c)
4.
Part I
Permit No. UGW370004
3) Any contaminant concentrations that appear to exceed their corresponding
GWQS.
d) Determination of descriptive statistics for each individual well and contaminant found
in Table 2 of this Permit.
If after review of the report, the Executive Secretary determines that additional
information is required, the Permittee shall provide all requested information, resolve all
issues identified, and re-submit the report for Executive Secretary review and approval
within a timeframe approved by the Executive Secretery. Upon approval of this report,
the Executive Secretary will re-open this Permit and modify the Ground Water
Compliance Limits in Table 2, above to account for natural variations in groundwater
quality, not caused by current or historic operations at the facility.
Background Groundwater Quality Report: New Monitoring Wells - the content of the
Background Groundwater Quality Report for the new monitoring wells shall comply with
the information requirements of Part I.H.3 of this Permit.
If after review of the report, the Executive Secretary determines that additional
information is required, the Permittee shall provide all requested information, resolve all
issues identified, and re-submit the report for Executive Secretary review and approval
within a timeframe approved by the Executive Secretary. After approval of this report,
the Executive Secretary will re-open this Permit and establish Groundwater Compliance
Limits in Table 2 for the new monitoring wells.
Tailings Cells Wastewater Quality Sampling Plan -the purpose of this plan and
associated report shall be to characterize the source term quality of all tailings cell
wastewaters, including, but not limited to: impounded wastewaters or process waters in
the tailings cells, and wastewater or leachates collected by internal slimes drains. Said
plan shall include, but is not limited to:
a) Collection of samples from each wastewater source at each tailings cell, including
wastewater impoundments, slimes drains, etc.
b) Complete analysis for both field and laboratory parameters required by Pat I.E.1(d),
and all detectable volatile organic contaminants by EPA Method 82608.
c) Detailed description of all sampling methods and sample preservation techniques to
be employed.
d) Use of standardized analytical methods.
e) Analysis by a State of Utah certified environmental laboratory.
0 30 day advance notice of each annual sampling event to allow the Executive Secretary
to collect split samples of all tailings cell wastewater sources'
If after review of the plan, the Executive Secretary determines that additional information
is required, the Permittee shall provide all requested information, resolve all issues
identified, and re-submit the plan for Executive Secretary review and approval within a
timeframe approved by the Executive Secretary. After approval of the plan, the Permittee
shall implement the plan pursuant to the requirements of Parts I.E.l0 and LF.9. After
approval of this plan, the Executive Secretary may re-open and modify this Permit to
5.
29
7.
Part I
Permit No. UGW3700O4
incorporate the provisions of the approved plan.
Monitoring Well Remedial Action and Report - on or before , May l, 2008 the Permittee
shall complete the following remedial activities for selected monitoring wells at the
facility:
a) Well Development - the Permittee shall develop the following wells at the facility so
that they produce clear groundwater, including wells: MW-5, MW-l1, MW-l8, MW-
19, MW-20,NNV-22, and TW4-16. Said well development will ensure that
groundwater clarity conforms to the EPA RCRA TEGD requirements found in Part
LE.4(c) of this Permit to the extent reasonably achievable.
b) Protective Surface Casing: MW-3A - the Permittee shall install a steel surface
casing to protect the currently exposed PVC well casing at well MW-3A in order to:
l) Allow ready water level measurement at the well,
2) Not interfere or disturb the existing water level measuring point, and
3) Provide security and control access to the well.
c) Report - the Permittee shall submit a report for Executive Secretary approval that
documents well development and completion activities required by Part I.H.6(a) and
(b) of this Permit.
Well MW-3 Verification, Retrofit, or Reconstruction Report - The Permittee
Complete well MW-3A with a perrnanent surface well completion according
to EPA RCRA TEGD, and Part I.H.6(b) of this Permit, and
Complete a survey of MW-3A by a State of Utah licensed engineer or land
surveyor to meet requirements of Part LF.6(bX5) of the Permir, including
horizontal coordinates (state plan) and the elevation of both the ground
surface and the water level measuring point, and report the results there of in
accordance with Part I.H.6(c).
In the event that the Executive Secretary determines the MW-3 well screen has been
inadequately constructed, the Permittee shall replace monitoring well MW-3 with well
MW-3A within 30 days of written notice.
8. White Mesa Seeps and Springs Sampling Work Plan and Report - the Permittee shall
implement a plan of groundwater sampling and analysis of all seeps and springs found
downgradient or lateral gradient from the tailings cells on White Mesa. Said plan shall
include, but is not limited to:
Location of all seeps and springs to be sampled, including maps and surveyed
coordinates (physical location, and elevation),
Detailed description of sampling methods and equipment,
Determination of field parameters or measurements that will be made,
l)
2)
a)
b)
c)
30
Part I
Permit No. UGW370004
d) Description of sample preservation methods,
e) Determination of the laboratory analyical methods and the environmental laboratory
that will perform the analYsis.
0 Sampling and analysis of all ground water compliance parameters found on Table 2 of
this Permit, including analysis of volatile and semi-volatile organic compounds by
EPA SW-846 methods 8260 and8270.
If after review of the plan, the Executive Secretary determines that additional information
is required, the Permittee shall provide all requested information, resolve all issues
identified, and re-submit the plan for Executive Secretary review and approval within a
timeframe approved by the Executive Secretary. Immediately after approval of the plan,
the permittee shall complete said sampling and analysis, and submit a report for
Executive Secretary approval. Said report shall: l) document the sampling project, 2)
transmit copies of all field measurements and laboratory results, 3) provide a water table
contour ma-p that includes water table elevations of all the wells at the facility and the
elevations of the phreatic surfaces observed at each of the seeps and springs sampled, and
4) provide an evaluation and interpretation of the groundwater quality data collected. The
permittee shall also provide at least 15 days notice to allow the Executive Secretary to
collect split groundwater quality samples of the seeps and springs.
9. On-site Chemicals Inventory Report - the Permittee shall complete a historical review,
and conduct an inventory of all chemical compounds or reagents stored, used, or currently
in use at the facility. Said report shall include:
a) Identification of all chemicals used in the milling and milling related processes at
White Mesa.
b) Determination of the total volumes currently in use and historically used, as data is
available
At the time of Permit renewal, the Permittee shall submit an updated inventory report
pursuant to Part I.F.8.
10. Infiltration and Contaminant Transport Modeling Work Plan and Report - the Permittee
shall submit for Executive Secretary approval an infiltration and contaminant transport
modeling report that demonstrates the long-term ability of the tailings cells cover system
to adequately contain and control tailings contaminants and protect nearby groundwater
quality of the uppermost aquifer. Said report shall demonstrate how the tailings cell
engineering design and specifications will comply with the minimum performance
,rqri....nts of Part I.D.6 of this Permit. The Permittee shall submit an infiltration and
contaminant modeling for Executive Secretary approval, that:
a) Identifies all applicable and pertinent historic studies and modeling reports relevant to
tailings cell cover design and tailings cell system performance.
b) Determines and justifies all information necessary for infiltration and contaminant
transport modeling, including but not limited to representative input values for vadose
zone and aquifer soil-water partitioning (Ka) coefficients, tailings source tern
concentrations, tailings waste leach rates, vadose zone and aquifer groundwater
velocities, vadose zone and aquifer dispersivity, contaminant half-life or other rates of
31
c)
d)
Part I
Permit No. UGW370004
decay, etc. In the event that any required information is not currently available, the
Permittee may select conservative assumptions for use in the required infiltration and
contaminant transport models.
Identifies and adequately describes all computer models used to simulate long-term
performance of the tailings cells cover system. All predictive models used shall be
publicly available computer codes that adequately represent field characteristics and
physical processes at the tailings disposal site. Said description will also include
specific information on model design, including, but not limited to: governing
equations and their applicability to site conditions, grid design, duration of simulation,
and selection of time steps.
Determines the conceptual model used and justifies why it is representative or
conservative of actual field conditions at the site. Said conceptual model will identify
the physical domain(s) and geometries simulated including the tailings cell design and
construction, all boundary and initial conditions assigned in the model(s), and the
shallow aquifer locations where future potential contaminant concentrations have
been predicted.
Justifies how the infiltration and contaminant transport problem has been adequately
conceptualized, planned, and executed to demonstrate compliance with the
requirements of Part LD.6 of this Permit.
Provides, describes and justifies the following:
1) Model Results - including electronic input and output files from all infiltration,
groundwater flow and contaminant transport models used the report.
2) Model Calibration including description of results and efforts used to
demonstrate how the model adequately reproduced field measured heads, flows,
and contaminant concentrations.
3) Steady State Conditions - including a demonstration that the models achieved a
steady state condition during the simulation. This includes, but is not limited to
disclosure, evaluation and justification of water and mass balance error values
reported by the models.
4) Sensitivity Analyses -including description of various model simulations run and
evaluated to define the range of model uncertainty. Such uncertainty includes, but
is not limited to: boundary and initial conditions, model input values, and spatial
and temporal distribution of model parameters used in the problem domain.
5) Post-model Audit PIan - including plans to revisit the modeling effort at some
future time to re-assess its ability to represent site characteristics and predict long-
term performance of tailings cell design and construction, and groundwater
protection.
The Permittee shall complete all modeling in accordance with the requirements of Part
I.H.l0 and submit a final report for Executive Secretary approval. In the final report, the
Permittee may include supplemental information to justify modification of certain Permit
requirements, including, but not limited to: the number and types of groundwater
compliance monitoring parameters, tailings cell cover system engineering design and
construction specifications, tailings cell operational requirements, etc. In the event the
32
e)
0
Part I
Permit No. UGW370004
Executive Secretary requires additional information, the Permittee will provide all
requested information within a time frame approved by the Executive Secretary. Upon
Executive Secretary approval of the final infiltration and contaminant transport report, the
Reclamation Plan may be modified to accommodate necessary changes to protect public
health and the environment.
11. Plan for Evaluation of Deep Supply Well WW-2 -the purpose of this plan is to evaluate
the annular casing seal in water supply well WW-2, and to ensure adequate well casing
and annular seals, in compliance with the regulations of the Utah State Engineer (UAC
R655-4-9), with special emphasis on creating both a physical barrier and hydraulic
isolation between the shallow unconfined and the deep confined aquifers. Prior to
Executive Secretary approval of this plan the Permittee shall resolve all issues within a
timeframe approved by the Executive Secretary. After Executive Secretary approval of
the plan, the Permittee shall completely execute all provisions of the plan on or before
decommissioning of the White Mesa mill.
12.Liner Maintenance Provisions - within 90-days of issuance of this Permit, the Permittee
shall submit Liner Maintenance Provisions to be incorporated into the existing DMT
Monitoring Plan for Executive Secretary approval. The purpose of said provisions shall
be for the equipment, material, training and procedures to be used for the timely detection
of any openings in the polymer liners, and the reliable repair and quality assurance testing
of any such repairs to the polymer liners for Cells 1,2 and 3 and the Roberts Pond.
13 <Reserved>
14. < Reserved >
15. Contingency Plan - within 180 days of issuance of this Permit, the Permittee shall
implement a Contingency Plan that provides a detailed list of actions the Permittee will
take to regain compliance with Permit limits and DMT or BAT requirements defined in
Parts I.C and I.D of this Permit. At a minimum, the Contingency Plan will include, but is
not limited to measures to resolve the following general categories of non-compliance:
a) Groundwater Contamination - as shown by any contaminant concentrations in
compliance monitoring wells that exceed their respective groundwater compliance
limit found in Part LC.I and Table 2 of this Permit.
b) Mill Discharge Violations - including unauthorized discharge or release of prohibited
contaminants to the tailings cells, pursuant to Partl.C.2 and I.C.3; and
c) DMT and BAT Violations - which include several types of non-compliance,
including but not limited to:
1) Excess tailings cell wastewater pool elevation above the maximum elevations
mandated by Part I.D.3;
2) Excess head in the Tailings Cells 2 and 3 slimes drain system, pursuant to Part
I.D.3 and as defined by the DMT Monitoring Plan in Part I.H.13; and
3) Excess elevation for tailings solids as required by Part I.D.3.
If after review of the plan, the Executive^Secretary determines that additional information
JJ
Part I
Permit No. UGW370004
is required, the Permittee shall provide all requested information, resolve all issues
identified, and re-submit the plan for Executive Secretary review and approval within a
timeframe approved by the Executive Secretary.
16. Revised Stormwater Best Management Practices Plan - on or before May 15, 2008, the
Permittee shall submit for Executive Secretary review and approval, a revised Stormwater
Best Management Practices Plan to address the effects of Tailings Cell 4,{ construction
and operation. Said plan shall comply with the requirements of Part I.D.l0 of this permit.
Upon Executive Secretary approval, the Permittee is to immediately implement all
provisions of such plans.
17. <Reserved>
18. Repair of Monitor Well MW-5 - on or before May 1, 2008, the Permittee shall submit an
As-Built report to document said repairs for Executive Secretary review and approval.
19. Cell 4A BAT Monitoring, Operations and Maintenance Plan. - the Permittee wiil submit
an Operations and Maintenance Plan for Cell 4,A, for Executive Secretary review and
approval. Commencement of wastewater or tailings discharge to Cell 4.A is prohibited
without prior written approval from the Executive Secretary. Said Plan shall include
requirements in Part F.3 of the Permit and include, but is not limited to the following:
a. Operation and Maintenance Procedures - including operational sequences,
transporting methods, equipment operation / maintenance, safety and emergency
procedures,
b. Operation, Maintenance, Monitoring, and Recordkeeping - for evaluation of the
following in accordance with the requirements of Pafts I.D.6, LE.8, and I.F.8:
i. lrak detection system - including operational status of equipment, daily
wastewater head, daily flow rates, etc.
ii. Slimes drainage system - including operational status of equipment, daily flow
rates, monthly wastewater recovery head monitoring, etc,
c. Freeboard limits on dikes - including monitoring and proper management and volume
inventory controls to prevent release of wastewater to the environment.
20.<Reserved>- QAP
2l.Feedstock Material Stored Outside the Feedstock Storage Area Management Plan - within
30 days of issuance of this Permit the Permittee shall submit for Executive Secretary
review and approval a management plan for the feedstock material stored outside the
feedstock ore storage area.
22. QAP Revision - on or before April 30, 2008 the Permittee shall modify the QAP and
submit a revised revision for Executive Secretary review and approval. Said changes
shall require that all non - conformance with QAP requirements discovered in a given
quarterly ground water monitoring period will be corrected and reported to the Executive
Secretary on or before submittal of the next quarterly ground water monitoring report as
required in Part I.E.1(a).
34
B.
C.
D.
E.
F.
Part tr
Permit No. UGW370004
PART tr. REPORTING REQUIREMENTS
A. RrpnrsENTATryE SarwI-l.rc. Samples taken in compliance with the monitoring requirements
established under Part I shall be representative of the monitored activity.
ANer-yrrcet- pnocroungs. Water sample analysis must be conducted according to test
procedures specified under UAC R3 I 7 -6-6.3 .12 unless other test procedures have been specified
in this permit.
pgNelrms ron TevrprRING. The Act provides that any person who falsifies, tampers with, or
knowingly renders inaccurate, any monitoring device or method required to be maintained under
this permii shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than six months per violation, or by both.
RBpoRrNc oF MoNrroRrNG RESULTS. Monitoring results obtained during reporting periods
specified in the permit, shall be submitted to the Executive secretary, utah Division of water
{uality at the following address no later than the date specified following the completed
reporting Period:
Attention: Compliance and Monitoring Program
State of Utah
Division of Water QualitY
Department of Environmental Quality
Salt Lake city, Utah 84114-4870
The quarterly due dates for repofiing are: June l, September 1, December l, and March I'
Cotwt-t4NcE SCIDDULES. Reports of compliance or noncompliance with, or any progress
reports on interim and final requirements contained in any Compliance Schedule of this permit
snlt Ue submitted no later than l4 days following each schedule date.
AppruoNel MoNrroRwc By Tr{E Pentvrrrrer. If the permittee monitors any pollutant more
frequently than required by this permit, using approved test procedures as specified in this
permit, the results of this monitoring shall be included in the calculation and reporting of the data
submitted. Such increased frequency shall also be indicated.
G. RnconPSCoNTENTS.
1. Records of monitoring information shall include:
a) The date, exact place, and time of sampling, observations, or measurements:
The individual(s) who performed the sampling, observations, or measurements;
The date(s) and time(s) analyses were performed;
The name of the certified laboratory which performed the analyses;
The analytical techniques or methods used; and,
The results of such analYses.
H. RsrsNuoN oF Rgconns. The permittee shall retain records of all monitoring information,
b)
c)
d)
e)
0
35
Part tr
Permit No. UGW370004
including all calibration and maintenance records and copies of all reports required by this
permit, and records of all data used to complete the application for this permit, for a period of at
ieast five years from the date of the sample, measurement, report or application. This period may
be extended by request of the Executive Secretary at any time.
I. Noucr oFNoNCoMPLIANCE REPoRTING.
l. The permittee shall verbally report any noncompliance which may endanger public health or
the environment as soon as possible, but no later than 24 hours from the time the permittee
first became aware of the circumstances. The report shall be made to the Utah Department of
Environmental Quality 24 hournumber, [phone], ortotheDivision of WaterQuality,
Ground Water Protection Section at [phone], during normal business hours (8:00 am
- 5:00 pm Mountain Time).
Z. A written submission shall also be provided to the Executive Secretary within five days of
the time that the permittee becomes aware of the circumstances. The written submission
shall contain:
a) A description of the noncompliance and its cause;
b) The period of noncompliance, including exact dates and times;
c) The estimated time noncompliance is expected to continue if it has not been corrected;
and,
d) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance.
3. Reports shall be submitted to the addresses in Part II.D, Reporting of Monitoring Results.
J. Ormn NoNcotgIANCE RrpoRrwc. Instances of noncompliance not required to be reported
within 5 days, shall be reported at the time that monitoring reports for Part II.D are submitted.
K. INsprcnoN AND Elrrny. The permittee shall allow the Executive Secretary, or an authorized
representative, upon the presentation of credentials and other documents as may be required by
law, to:
1. Enter upon the Permittee's premises where a regulated facility or activity is located
conducted, or where records must be kept under the conditions of the permit;
Z. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
3. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and,
4. Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as
otherwise authorized by the Act, any substances or parameters at any location.
36
A.
Part III
Permit No. UGW370004
PART Itr. COMPLIANCE RESPONSIBILITIES
Dury To CoMpLy. The permittee must comply with all conditions of this permit. Any permit
noncompliance constitutes a violation of the Act and is grounds for enforcement action; for
permit termination, revocation and re-issuance, or modification; or for denial of a permit renewal
application. The permittee shall give advance notice to the Executive Secretary of the Division
oi Wut"r euality of any planned changes in the permitted facility or activity which may result in
noncompliance with permit requirements.
peNru-rms FoR VISLATI6NS oF PERMIT CoNomoNs. The Act provides that any person who
violates a permit condition implementing provisions of the Act is subject to a civil penalty not to
exceed $10,000 per day of such violation. Any person who willfully or negligently violates
permit conditions is subject to a fine not exceeding $25,000 per day of violation. Any person
convicted under Section 19-5-115 of the Act a second time shall be punished by a fine not
exceeding $50,000 per day. Nothing in this permit shall be construed to relieve the permittee of
the civil or criminal penalties for noncompliance.
NrBp ro Harr oR Rrpucr AcrrvrTy Nor A DEFENSE. It shall not be a defense for a permittee in
an enforcement action that it would have been necessary to halt or reduce the permitted activity
in order to maintain compliance with the conditions of this permit.
D. DUry To MmGArg. The permittee shall take all reasonable steps to minimize or prevent any
discharge in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
E. pnoprn OpgRenoN AND MAINTENANCE. The permittee shall at all times properly operate and
maintain all facilities and systems of treatment and control (and related appurtenances) which are
installed or used by the permittee to achieve compliance with the conditions of this permit.
proper operation and maintenance also includes adequate laboratory controls and quality
assurance procedures. This provision requires the operation of back-up or auxiliary facilities or
similar systems which are installed by a permittee only when the operation is necessary to
achieve compliance with the conditions of the permit.
B.
C.
il
B.
PaN TV
Permit No. UGW370004
PART IV. GENERAL REQUIREMENTS
A. Plemmo CueNces. The permittee shall give notice to the Executive Secretary as soon as
possible of any planned physical alterations or additions to the permitted facility. Notice is
C.
required when the alteration or addition could significantly change the nature of the facility or
increase the quantity of pollutants discharged.
Avncparnp NoNcolpl-rANCE. The permittee shall give advance notice of any planned changes
in the permitted facility or activity which may result in noncompliance with permit requirements.
Ppnvlr AcuoNs. This permit may be modified, revoked and reissued, or terminated for cause.
The filing of a request by the permittee for a permit modification, revocation and re-issuance, or
termination, or a notification of planned changes or anticipated noncompliance, does not stay any
permit condition.
Dury ro REAppLy. If the permittee wishes to continue an activity regulated by this permit after
the expiration date of this permit, the permittee must apply for and obtain a new permit. The
application should be submitted at least 180 days before the expiration date of this permit.
Dury ro PRovrDE INronuanoN. The permittee shall furnish to the Executive Secretary, within
a reasonable time, any information which the Executive Secretary may request to determine
whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to
determine compliance with this permit. The permittee shall also furnish to the Executive
Secretary, upon request, copies of records required to be kept by this permit.
Otren Ii.rronuauoN. When the permittee becomes aware that it failed to submit any relevant
facts in a permit application, or submitted incorrect information in a permit application or any
report to the Executive Secretary, it shall promptly submit such facts or information.
SrcNeroRyRnqurnrl,mNrs. All applications, reports orinformation submittedtotheExecutive
Secretary shall be signed and certified.
l. All permit applications shall be signed as follows:
a) For a corporation: by a responsible corporate officer;
b) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectivelY.
c) For a municipality, State, Federal, or otherpublic agency: by either aprincipal executive
officer or ranking elected official.
2. All reports required by the permit and other information requested by the Executive Secretary
shall be signed by a person described above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
a) The authorization is made in writing by a person described above and submitted to the
Executive Secretary, and,
b) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
D.
E.
F.
G.
38
H.
Pan IV
Permit No. UGW370004
manager, operator of a well or a well field, superintendent, position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.)
3. Changes to Authorization. If an authoization under Part IV.G.2. is no longer accurate
because a different individual or position has responsibility for the overall operation of the
facility, a new authorization satisfying the requirements of Part IV.G.2 must be submitted to
the Executive Secretary prior to or together with any reports, information, or applications to
be signed by an authorized representative.
4. Certification. Any person signing a document under this section shall make the following
certification:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designeri to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations. "
pnNer-rms FoR FALSIFTcATIoN oF REpoRTs. The Act provides that any person who knowingly
makes any false statement, representation, or certification in any record or other document
submitted or required to be maintained under this permit, including monitoring reports or reports
of compliance or noncompliance shall, upon conviction be punished by a fine of not more than
$10,000 per violation, or by imprisonment for not more than six months per violation, orbyboth.
AvanasLrTy oFRrponrs. Except for data determined to be confidential by the permittee, all
reports prepared in accordance with the terms of this permit shall be available for public
inspection at the offices of the Executive Secretary. As required by the Act, permit applications,
permits, effluent data, and ground water quality data shall not be considered confidential.
pRopBRry Rlcurs. The issuance of this permit does not convey any property rights of any sort,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of federal, state or local laws or regulations.
SrvrRanu-ny. The provisions of this permit are severable, and if any provision of this permit,
or the application of any provision of this permit to any circumstance, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit, shall not
be affected thereby.
TReNsr"gRs. This permit may be automatically transferred to a new permittee if:
l. The current permittee notifies the Executive Secretary at least 30 days in advance of the
proposed transfer date;
2. The notice includes a written agreement between the existing and new permittee containing a
39
I.
J.
K.
L.
Part IV
Permit No. UGW370004
specific date for transfer of permit responsibility, coverage, and liability between them; and,
3. The Executive Secretary does not notify the existing permittee and the proposed new
permittee of his or her intent to modify, or revoke and reissue the permit. If this notice is not
received, the transfer is effective on the date specified in the agreement mentioned in
paragraph 2 above.
M. Srare Lews. Nothing in this permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities, liabilities, penalties established pursuant
to any applicable state law or regulation under authority preserved by Section 19-5-1 l5 of the
Act.
N. RroprNrR PRoVISIoNS. This permit may be reopened and modified (following proper
administrative procedures) to include the appropriate limitations and compliance schedule, if
necessary, if one or more of the following events occurs:
l. If new ground water standards are adopted by the Board, the permit may be reopened and
modified to extend the terms of the permit or to include pollutants covered by new standards.
The permittee may apply for a variance under the conditions outlined in R3l7-6-6.4(D).
2. Changes have been determined in background ground water quality.
3. The Executive Secretary determines permit modification is necessary to protect human health
or the environment.
40
Public Participation Summary
Ground Water Discharge Permit (Permit)
For the
Denison Mines (USA) Corp. (DUSA)
Uranium Milling Facility
South of Blanding, Utah
March 14,2008
Introduction
No written comments were received from the public by the Utah Division of Radiation
Control (DRC) regarding the Denison Mines (USA) Corp. (DUSA) Uranium Mill facility
south of Blanding, Utah during the comment period that ended on Tuesday, November
27 ,2007 . In addition, there were no verbal pubiic comments received during a public
meeting held on November 2l ,2007 in Blanding, Utah. A copy of the minutes for the
public meeting is included in Attachment 1.
After the public comment period DRC made additional modifications to the Permit and
corrected an oversight of modifications that were discussed in the October 24,2007
Statement of Basis (SOB) but not included in the Permit released for public comment.
These modifications were considered minor or more protective to human health and the
environment therefore, no new public comment period was necessary. The modifications
are discussed below. A red-line strikeout version of the Permit is found in Attachment 2
to show these most recent changes.
Additional Permit Modifi cations
Best Available Technolosy (BAT) Performance Standard Monitoring Requirements for
Tailines Cell 4A (Parts I.D.6. I.E.8. and I.F.3)
Unfortunately, the BAT perfornance standard monitoring requirements for Tailing Cell
4A proposed by the Permittee and discussed in the October 24,2007 DRC SOB (pp. 4-5)
were omitted from the October 25,2007 draft Permit. This omission has been corrected
by adding: l) Cell 4,{ BAT performance standards to Part I.D.6 for the leak detection
system, slimes drain layer, and maximum wastewater level, 2) Cell4A BAT Monitoring
Requirements to Part I.E.8, and 3) Cell 4,A BAT Reporting Requirements to Part I.F.3.
These performance, monitoring, and reporting requirements for tailings Cell 4A were
based of the following sources of information:
l. Leak Detection System (LDS) Maximum Operation Head [Part LD.6(a)] - The
maximum l-foot head limit in the LDS is based on action leakage rate
calculations provided by Geosyntec Consultants dated October 26,2006. This
Geosyntec Consultants calculation worksheet states that the calculations were
done in accordance with Part 254.302 of the USEPA Code of Federal Regulations
and based on an assumption that would not allow the maximum fluid head on the
bottom liner to exceed I foot. Therefore, a performance standard was set in the
permit such that the fluid in the leak detection system for tailings Cell 44 shall
not exceed I foot level above the lowest point in the lower membrane liner'
LDS Maximum Allowable Daily Leak Rate tPart I.D.6(b)l - was calculated in the
26, 2006 Geosyntec Consultants worksheet using the surface area of the Cell 4A
of 40 acres multiplied by leakage rate through the geomembrane liner of 604
gallons/day/acre (gda) which equates to 24,160 gallons/day- This maximum
allowable leak rate was also based on other key assumptions, including but not
limited to: l) a37 foot liquid head on the primary flexible membrane liner
(FML), and}) a maximum hole frequency in the upper FML of 1-60 mil diameter
hole (1.524 mm or 0.06 inch) for every Z,SOO m2 oi primary FML atea (26,912 ftz
or 0.617 acres).
Slimes Drain Monthly and Annual Average Recovery Head Criteria [Part
I.D.6(c)l - this requirement was added to help prevent the possibility of a release
of wastewater from Tailing Cell 4A into groundwater after closure of this cell.
Therefore, after the Permittee initiates pumping conditions in the slimes drain
layer in Cell 44, the Permittee will provide continuous declining fluid heads in
thl slimes drain layer, in a manner equivalent to the Discharge Minimization
Technology requirements found in Part I.D'3(b) of the Permit'
Maximum Weekly Wastewater Levels [Part.D.6(d)] - this requirement was added
to require DUSA to maintain at least 3-feet of vertical freeboard to prevent
discharge of wastewaters via overtopping. The 3-foot freeboard is required by
Utah Water Quality Regulations for wastewater impoundments that treat 50,000
gallons or more per day IUAC R3l7-10-3(C)1. In a report by DUSA, it was
i"po.t"d that the tailings disposal system is expected to receive on average 335
guil*ir, which equates to a daily rate of 482,400 gallday (5128199 ruC
[roundwater Information Report, p.A-9). This daily rate is above 50,000 gal/day
limit established by State rule. This is equivalent to an existing requirement for
Cells 1, 2, and 3, found in Part \.D.2.
Gross Alpha Counting Variance lPart I.1'(d\(3)l
To resolve gross alpha error term issues identified by the DRC in a letter of January 15,
200g, part l.t (dX3) was modified to require: 1) that all gross alpha analysis shall be
reported with an error term, 2) All gross alpha analysis reported with an activity equal to
oigreater than the GWCL, shall have a counting variance that is equal to or less than
20"% of the reported activity concentration, and 3) An error term may be greater than 207o
of the reported activity concentration when the sum of the activity concentration and
error term is less than or equal to the GWCL.
2.
aJ.
4.
Compliance Schedule Reset for the Monitoring Well Remedial Action Report (MWRA)
tPart I.H.6l
In the October 24,2007 DRC SOB the compliance schedule for the MWRA was reset for
December 31,2007. This compliance date has passed before this Permit modification
was finalized. In order to bring a timely resolution this section (Part I.H.6) has been
revised to require DUSA to complete and submit the MWRA for Executive Secretary
approval on or before May l, 2008.
Monitoring Well MW-3 Verification, Retrofit. or Reconstruction Report (MVRR) lPart
r.H.7l
In order to help determine if the well screen for MW-3 has been adequately constr'.rcted
the Permittee must report that well MW-3A is constructed with a protective surface
casing and report an elevation survey of the water level measuring point. Therefore, the
wording in Part I.H.7(1) and (2) has been revised to reflect these needs.
Compliance Schedule Reset for
Work Plan and Report flCTM) lPart I.H.l0l
In the October 24,2007 DRC SOB the compliance schedule for the ICTM was reset for
October 31,2007 . In a October 31, 2007 letter DUSA asked for an extension to
November 23,2007. Later, DUSA submitted the required report on November 26,2007.
Therefore, the wording in Part I.H.10 has been revised in the last paragraph of the section
to require that in the event the Executive Secretary requires additional information, the
Permittee will provide all requested information by a schedule approved by the Executive
Secretary.
Plan forEvaluation of Deep SupplyWell WW-2 lPartLH.lll
The second sentence of this section was modified by adding the wording, "Prior to
Executive Secretary approval of this plan the Permittee shall resolve all issue within a
timeframe approved by the Executive Secretary."
Compliance Schedule Reset for the Revised Stormwater Best Management Practices Plan
(RSBMPP) IPaft I.H.16I
In the October 24,2007 DRC SOB the compliance schedule for the RSBMPP was reset
for December 31, 2007. This compliance date has passed before this Permit modification
was finalized. In order to bring a timely resolution this section (Part I.H.16) of Permit
has been revised with the compliance schedule reset to submit the RSMBPP for
Executive Secretary approval on or before May 15, 2008.
The October 24,2007 DRC SOB explained how the TDR had been submitted by DUSA,
and was in process of agency review. Since than the DRC sent a letter to DUSA dated
December 12,2007 that concluded that: l) the results of the June 26,2007 DUSA TDR
were inconclusive, and2) therefore the source of the TFIF detected in the wells is
currently undetermined, and the Executive Secretary is unable to remove TFIF as a
compliance monitoring parameter in Table 2 of the Permit. Therefore, this compliance
schedule item was removed from the Permit. As a result of the existing requirements for
TIIF groundwater monitoring, reporting, and compliance will be in force as per Parts
I.C.1, I.E.1, and I.F.l of the Permit.
In the October 24,2007 DRC SOB the compliance schedule for the RMW was reset for
December 3l,2OO7. This compliance date has passed before this Permit modification
was finalized. In order to bring a timely resolution this section the Permit has been
revised to require DUSA submit the RMW for Executive Secretary approval on or before
May 1,2008.
Removed typographical errors.
In the curently approved QAP the DRC neglected to specify that the purging and
sampling equipment must be made of inert materials. However, the Permit has been
*odifi"d in Part LE.1(e)(a) to require that all purging and sampling equipment must be
made of inert materials. Therefore Part I.H.20 is not needed and was removed.
(GPSE) lPart I.H.21l
part l.H.21of the October 25, 2007 draft Permit made a circular reference to Part I.D.l I
and is not needed. Therefore, the circular reference was removed
Corrected Oversight of Modifications
andPartLH.22
On page 6 of the October 24,2007 DRC SOB in a Section tilled "Ground Water
Moiitoring Quality Assurance Plan IQAP] (Part I.E.l(a) and (e), and Part 1.F.1(e))"
(second paragraph) the agency addressed the need for l) a schedule to complete all
corrective action for non-conformance with QAP [as proposed in Part Le.1(a)] and 2) to
fully disclose all non-conformance with the QAP Requirements in each quarterly Repon
[as proposed in Part I.F.l(e)]. Unfortunately the DRC did not modify the Permit [at Part
f.p.i(a) and I.F.l(e)l that was released for public comment. Since that time we have
corrected this oversight. In addition, a compliance item in Part 1.H.22 of the Permit was
added that requires the Permittee to modify the QAP to meet requirements originally
proposed in the SOB for Parts I.E.1(a) and I.F-l(e).
References
Geosyntec Consultants, October 26,2006, "Calculation of Action Leakage Rate Through
the Leakage Detection System Underlying A Geomembrane Liner", found in December
8,2006, Denison Mines (USA) Corp. letter from Harold Roberts to Dane Finerfrock,
Attachment D
International Uranium Corporation, May 28, 1999, "Ground Water Report White Mesa
Uranium Mill Blanding, Utah".
Utah Administrative Code (UAC) Rule R317-3, As in effect on February 1, 2008, Design
Requirements for Wastewater Collection, Treatment and Disposal Systems,
ATTACHMENT 1
Minutes
For The
Public Hearing
MINUTES
OF
DIVISION OF RADIATION CONTROL BOARI)
UTAH DEPARTMENT OF BIWIRONMENTAL QUALITY
PI.]BLIC NOTICE
OF
AN MODIFICATION TO THE
GROLIND WATER QUALITY DISCHARGE
PERMIT NO. UGW37OOO4
PI]BLIC HEARING
ARTS AND EVENTS CENTER AUDITORII.]M
COLLEGE OF EASTERN UTAH . SAN JUAN CAMPUS
639 WEST 2OO SOUTH
BLANDING, UTAH
NOVEMBE.RZ7,2oo7
7:00 PM - 9:00 PM
David Rupp, DRC Staff
PUBLIC
D-a-rio r.-.ydenlund, Denison Mines (USA) Corporation
David Roberts, Denison Mines (USA) Corporation
Steve Landau, Denison Mines (USA) Corporation
GRBETINGS/MEETING CALLED TO ORDER
ftris prUtlc Hearing convened in the Arts and Events Center Auditorium at the College of
Eastern Utah - San Juan Campus, 639 West 200 South, Blanding, Utah on November 27,
2007. Dean Henderson called the meeting to order at 7:00 p.m. and welcomed the public.
He indicated that if the public wished to make some comments regarding the proposed
modifications to the existing Ground Water Quality Discharge Permit No. UGW370004
that they should sign-in and indicate it on the sheet.
Dean Henderson then read the following introductory statement:
We will convene this public meeting. My name is Dean Henderson and this is David
Rupp. I will be conducting this meeting. We represent the Utah Department of
Environmental Quality, Division of Radiation Control. The purpose of this public
meeting is to receive public comment on the proposed modifications to Denison Mines
(USA) Corporation existing Ground Water Quality Discharge Permit under the authority
Henderson, DRC St
Page2
Minutes of Novembet 27, 2007
Public Notice of an Modification To The
Ground Water Quality Discharge Permit No. Ugw370004
Public Hearing - Blanding, UT
of Utah Water Quality Act Section 19-5-104(l)(i), Utah Code Annotated 1953, as
amended and the Utah Administrated Cod (UAC) R317-6'
In summary, the propose of the permit modifications are: l) additional Permit
requirements for the-relining former existing tailing Cell 4A, 2) some changes to Permit
Ground Water Quality Standards and Ground Water Quality Compliance Limits, 3)
change in permittee name,4) Discharge Minimization Technology (Dlvff) requirements
for feedstock materials stored outside the feedstock storage area, 5) some new ground
water monitoring requirements 6) Slimes Drain monitoring changes in tailing cells 2, and
3, 7) some permit complian'ce schedules reset or modified, and 8) some compliance items
were completed and therefore removed.
I,m looking at the sign-up sheet for those in attendance here, we have three people that
have signed-in and you're choosing not to make public comment. At this time because
there aie no body here to make a public comment we will have a recess until 8:55 p.m. or
until someone chooses to make a comment we will reconvene this meeting.
At this time we will take a recess.
Dean Henderson then returned and convened the meeting at 8:55 p'm., he made the
following statement:
we would like to reconvene this public meeting. It is now 9:00 p.m. we originally said
we would reconvene at 8:55 p.m., but we let it go until 9:00 p.m' The three people who
originally signed the roll chose not to make any comment and since that time no one as
actially iho*, up to make any public comments. Therefore, this meeting is now
adjourned 9:03 P.m'
ATTACHMENT 2
A red-line strikeout version of the Permit
showing additional changes After the
Public Comment Period
Permit No. UGW370004
STATE OF I]-[AH
DTVISION OF WATER QUALITY
DEPARTMENT OF ENVIRONMENTAL QUALITY
UTAH WATER QUALITY BOARD
SALT LAKE CITY, UTAH 84114-4870
GROT]ND WATER DISCHARGE PERMIT
In compliance with the provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code
Annotated 1953, as amended, the Act,
Denison Mines (USA) Corp.
Independence Plaza, Suite 950
1050 17th Street
Denver, Colorado 80265
is granted a ground water discharge permit for the operation of a uranium milling and tailings
disposal facility located approximately 6 miles south of Blanding, Utah. The facility is located
on a tract of land in Sections 28,29,32, and 33, Township 37 South, Range 22East, Salt Lake
Base and Meridian, San Juan County, Utah.
The permit is based on representations made by the Permittee and other information contained in
the administrative record. It is the responsibility of the Permittee to read and understand all
provisions of this permit.
The milling and tailings disposal facility shall be operated and revised in accordance with
conditions set forth in the permit and the Utah Ground Water Quality Protection Regulations.
This modified Ground Water Quality Discharge Permit amends and supersedes all other Ground
Water Discharge permits for this facility issued previously.
This permit shall become effective on
This permit shall expire March 8. 2010.
I SigneA this
-
day of
-,200+g
Co-Executive Secretary
Utah Water Quality Board
Table of Contents
PART I. SPECIFIC PERMIT CONDITIONS............ ...................... I
A. GnouuoWerenClessrrcerloN.......... ....................... I
B. BecrcRouNpWerenQuarrrv... ............... 1
C. Ppnu'rlnrrrs .........2
1. Ground Water Compliance Limits .........2
2. Tailings Cell Operations.......... ...............2
3. Prohibited Discharges ...........2
D. DrscHRncE Mn\rnvazATroN AND Brsr AvenesLr TscHNoLocY Sraxoenps................... 8
l. DMT Design Standards for Existing Tailings Cells l, 2, and 3 ..................................... 8
2. Existing Tailings Cell Construction Authorized .... l0
3. Existing Facility DMT Performance Standards................ ........ l0
4. Best Available Technology Requirements for New Construction .............12
5. BAT Design Standards for Tailings Cell 4A............. ............... 13
6. BAT Perforrnance Standards for Tailings Cell 4A............. ...... 15
7 . Definition of 1le.(2) Waste....... ........... 16
8. Closed Cell Performance Requirements..... ............ 16
9. Facility Reclamation Requirements........... ............. 16
10. Stormwater Management and Spill Control Requirements........... ............. l6
I l. DMT Requirements for Feedstock Material Stored Outside the Feedstock Storage Area
T7
E. GnouNo Weren CormmNcE AND TncrNorocy PERFoRMANCE Molrrronn-rc............. 17
1. Routine Groundwater Compliance Monitoring........... .............17
2. Groundwater Monitoring: Monitoring Wells MW-20 and MW-22............................ 18
3. Groundwater Head Monitoring ............ 18
4. Groundwater Monitoring Well Design and Construction Criteria ............. l9
5. Monitoring Procedures for Wells ......... 19
6. White Mesa Seep and Spring Monitoring .............. 19
7. DMT Performance Standard Monitoring ...............20
8. BAT Perfornance Standard Monitoring ................20
9. On-site Chemicals Inventory ................21
10. Tailings Cell Wastewater Quality Monitoring .......21
11. Groundwater Monitoring Modifications ............22+
F. RBpoRrnvc Requm.rrvmNTs............ ........*ZZ
l. Routine Groundwater Monitoring Reports .............22
2. Routine DMT Performance Standard Monitoring Report....... ...................23
3. Routine BAT Perfornance Standard Monitoring Reports .......23
4. DMT and BAT Performance Upset Reports ..........23
5. Other Information............... ..................23
6. Groundwater Monitoring Well As-Built Reports..... ................23
l. White Mesa Seep and Spring Monitoring Reports..... ..............24
8. Chemicals Inventory Report...... ...........24
9. Tailings Cell Wastewater Quality Reports .............24
10. Revised Hydrogeologic Report ............24
11. Annual Slimes Drain Recovery Head Repofi............... ............25
G. Our op ColplnNCE STATUS ....................25
1. Accelerated Monitoring Status .............25
2. Violation of Permit Limits ...................25
3. Failure to Maintain DMT or BAT Required by Permit.. ..........26
4. Facility Out of Compliance Status .......26
i
5. Accelerated Monitoring Status for New Wells """27
H. ColpmNCE ScITEDULE RsQum.svmNTS. ....'.'... """"'27
l. Installation of New Groundwater Monitoring Wells"' """"""'27
2. Revised Hydrogeologic Report """"""27
3. Background Ground Water Quality Report: Existing Wells ..................... 28
4. Background Groundwater Quality Report: New Monitoring Wel|s........ -...---.---'......--29
5. Tailings Cells Wastewater Quality Sampling Plan"""""' """"29
6. Monitoring Well Remedial Action and Report """ 30
7. Monitoring Well MW-3 Verification, Retrofit, or Reconstruction Report.................. 30
8. White Mesa Seeps and Springs Sampling Work Plan and Report .....'......' 30
g. On-site Chemicals Inventory Report """""".'"""" 3l
10. Infiltration and Contaminant Transport Modeling Work Plan and Report.....-.'.......'.. 31
1 l. Plan for Evaluation of Deep Supply Well WW-z ...-.....-."" ""' 33
12. Liner Maintenance Provisions..........'... """"""""" 33
13. <Reserved> """' 33
15. Contingency Plan........ """"33
16. Revised Stormwater Best Management Practices Plan ...........-34
l7. <Reserved> """'34
18. Repair of Monitor Well MW-5 ...........'... """""""'34
lg. Cell 4A BAT Monitoring Operations and Maintenance Plan...'...... ..........34
Zl. Feedstock Material Stored Outside the Feedstock Storage Area Management Plan-...34
22. QAP Non-Conformance'.........'... """"'34
PART tr. REPORTING REQUIREMENTS............ -..-.-36
A. RBpRrsnrrerrvE SAMPLING.-.......... """""36
B. ANarvuceI-PnocBpunns................ """-'36
C. PsNerrresFoRTAMPERING............ """""' 36
D. ReponrnicoFMoNrroRINGREsuLTS..'.....'...... """"" 36
E. CotmnNCE Sc1IEDULES............... """""' 36
F. AoprnoNer-MomroRncBYTllEPenirnrrer """""" 36
G. RBconps Covrex-rs. """""""' 36
H. I{ETENTIoN oFRECoRDS................ """"""36
L Noucp oFNoNCoMPLIANCERTponTNc """"""""""37
J. Ormn NoNcolclIANCE Rrponrnqc """"37
K. INspscnou AND ENTRY "'-"""'37
PART M. COMPLIANCE RESPONSIBILITIES """....38
B. PsNelrms roR VlolarloNs orPrRnzlr CoNoluoNS....'.......... ""' 38
C. Nrrp ro HALT oR REDUCE Acrrvtrv Nor A DrmNsr """"""""" 38
D. Durv ro MITIGATE """"""""" 38
E. PnopeR OprRanoN nNp Mau'rreNANCE...'.. """""""' 38
PART rV. GENERAL REQUREMENTS ...'..........'....' 39
A. PI-nNxsn CueNcss """"""""' 39
[
-#ffiffiffiil*
. . . . . .. r
'....
. .
'
.... r... . . . I
'
. r, . . . . . . . . . , . . . . l r . . r r I IG. SrcNRroRv RrQum.stvmNTS ..'.......-
H. PeNerrms noR Fal-srrcATIoN or RrpoRrs ...............' """"""""" 40
L Aveu-esnrrY oFREPoRTS......... """""""' 40
J. PRopsnrvRlcnrs """""""""'40
K. SrvsResLrY """" 40
L. TReNsrrns """"""' 40
M. Srlre Lews """"" 41
N. RroprxeRPRovtsloNs..'.........'.. """""""' 4l
List of Tables
Table 1. Ground Water Classification ........... """" I
Table 2. Groundwater Compliance Limits.... """"' 3
Table 3. DMT Engineering Design and Specifications """""' 8
Table 4. Feedstock Storage Area Coordinates ""' 12
Table 5. Approved Tailings Cell4A Engineering Design and Specifications'....- ..... 13
Table 6. Groundwater Monitoring Reporting Schedule"' """22
llt
Part I
Permit No. UGW370004
PART I. SPECIFIC PERMIT CONDITIONS
A. Gnour.rp Wersn ClassmcarloN - the ground water classification of the shallow aquifer
under the tailings facility has been determined on a well-by-well basis, as defined in Table 1,
below:
Table 1. Ground Water Classification
Foomotesl
-D
su..o on historic total dissolved solids (TDS) data provided by Perminee for period between october, 1979 and May, 1999. Average
concentrations calculated by Utah Division of Radiation Confiol (DRC) staff in a November 29,1999 memorandum.
2) Based on average of DRC iplit samples collected from the White Mesa facility berween May, 1999 and September, 2002.
3i Number of IUCor DRC samples used in the evaluation of average TDS concentrations.
4) Classification of well MW-19 based on the conservatively lower IUC data'
Sj Wens MW-20 and MW-22 are not point of compliance monitoring wells, but instead are groundwater head monitoring wells as per Part I.E.2.
oi wel uw-zo was originally named TW4-15 and *as installed as a pan of a recent chloroform contaminant investigation at the facility. Under
this permit, MW-26 is defined as a Point of Compliance (POC) well for the tailings cells (see Part I.E.1) .
7) well TW4-16 was installed as a pafl of a recent chloroform investigation at the facility, and has been included in the Permit as groundwater
head monitoring well (part I.E.2j. Groundwater classification provided here based on average of both the IUC and DRC data (2 samples).
g)well Mw-32wisoriginallynamedTW4-IZandwasinstalledasapartofarecentchloroformcontaminantinvestigationatthefacility. Under
this Permit it is included as a POC well for the tailings cells in Part I'E 1'
B. BecrcnouND WareR Qualrrv - background groundwater quality will be determined on a
well-by-well basis, as defined by the mean plus second standard deviation concentration'
After Executive Secretary approval of the Background Groundwater Quality Reports required
by part I.H.3 and 4, this permit will be re-opened and Table 2 revised to define background
concentrations and groundwater compliance limits for all required contaminants.
Class II Groundwater Class III Groundwater
Well ID Average TDS (men)
Well ID
Averase TDS (me/l)
Permittee
Data DRC Data Permittee
Data
DRC Data "'
Avg'fl)uonc."
No. of
Data(3)
Avg.
Conc.(2)
No. of
Data(3)
Avg.n)L-OnC.' ',
No. of
Data(3)
Avg.
Conc.@)
No. of
Data(3)
Historic Monitoring Wells
NIW-1 1,276 68 r,268 4 IVTW-2 3,031 67 3,r03 4
IvtW-5 2,081 69 2,068 4 MW-3 5,200 67 5,289 4
MW-I1 1.834 50 2.039 4 IvIW-12 3,939 50 3,7s6 4
MW-I8 2.545 9 2,611 4 MW-14 3.582 30 3,589 4
MW-19',"',2,697 9 3,120 4 N[W-15 3,855 30 3,847 4
MW-20'"2,977 I nJa 0 MW-17 4.538 1l 4.542 4
l\NN-22'"'5.105 I nla 0
Recent Monitoring Wells
MW-26'"',3,120 1 3.206 1
TW4-16"',2,930 1 3.430 1
MW-32"',3,190 I 3,650
C.
Part I
Permit No. UGW370004
PeRirnrLnnrs - the Permittee shall comply with the following permit limits:
l. Ground Water Compliance Limits - contaminant concentrations measured in each
monitoring well shail not exceed the Ground Water Compliance Limits (GWCL) defined
in Table 2, below. Ground water quality at the site must at all times meet all the
applicable GWeS and ad hoc GWQS defined in R3l7-6 even though this permit does not
require monitoring for each specific contaminant'
2. Tailings Cell Operations - only 11.e.(2) by-product material authorized by Utah
Radioactive Materials License No. UT-2300478 (hereafter License) shall be discharged to
or disposed of in the tailings ponds.
3. prohibited Discharges - discharge of other compounds such as paints, used oil,
antifreeze, pesticides, or any other contaminant not defined as I le.(2) material is
prohibited.
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Part I
Permit No. UGW370004
D. DrscueRGE MrNrMzATroN auo Brsr Aven-esLr TecHNoI-ocY STANDARDS - the tailings
disposal facility must be built, operated, and maintained according to the following Discharge
Minimization Technology (DMT) and Best Available Technology (BAT) standards:
1. DMT Design Standards for Existing Tailings Cells l, 2, and 3 - shall be based on existing
construction as described by design and construction information provided by the
Permittee, as summarizedin Table 3 below for Tailings Cells 1,2, and3:
Desi and ificati
Footnotes:j D Rppotoria Consulting Engineers, Inc., June, 1979, "Engineers Report Tailings Management System White Mesa Uranium Project-
Blanding, Utah Energy Fuels Nuclear, Inc. Denver, Colorado", unpublished consultants report, approximately 50 pp., 2 figures, l6 sheets, 2
appendices.
2) D'Appolonia Consulting Engineers, Inc., February, 1982, "Construction Report Initial Phase - Tailings Management System White Mesa'
Uranium project Blanding, Utah Energy Fuels Nuclear, Inc. Denver, Colorado", unpublished consultants report, approximately 7 pp.,6 tables,
13 figures, 4 aPPendices.
3) D'efpotonia ionsulting Engineers, Inc., May, 1981, "Engineer's Report Second Phase Design - Cell 3 Tailings Management System White-
Mesa Uranium project Blanding, Utah Energy Fuels Nuclear, Inc. Denver, Colorado", unpublished consultants report, approximately 20 pp., I
figure, 5 sheets, and 3 aPPendices'
4) Energy Fuels Nuclear, lnc., March, 1983, "Construction Report Second Phase Tailings Management System White Mesa Uranium Project
Energy Fuels Nuclear, Inc.", unpublished company report, l8 pp., 3 tables,4 hgures, 5 appendices.
a) Tailings Cell I - consisting of the following major design elements:
l) Cross-valley Dike and East Dike - constructed on the south side of the pond of
native granular materials with a 3:1 slope, a 20-foot crest width, and a crest
elevation of about 5,620 ft above mean sea level (amsl). A dike of similar design
was constructed on the east margin of the pond, which forms a continuous earthen
structure with the south dike. The remaining interior slopes are cut-slopes at 3: I
grade.
2) Liner System - including a single 30 mil PVC flexible membrane liner (FML)
constructed of solvent welded seams on a prepared sub-base. Top elevation of the
FML liner was 5,618.5 ft amsl on both the south dike and the north cut-slope. A
protective soil cover Iayer was constructed immediately over the FML with a
thickness of l2-inches on the cell floor and lS-inches on the interior sideslope.
3) Crushed Sandstone Underlay - immediately below the FML a nominal 6-inch
thick layer of crushed sandstone was prepared and rolled smooth as a FML sub-
base layer. Beneath this underla/, native sandstone and other foundation
materials were graded to drain to a single low point near the upstream toe of the
south cross-valley dike. Inside this layer, an east-west oriented pipe was installed
able 3. .DM'I neefl lons
Tailings
Cell
Report
Tvpe Ensineering Report Desien Figures
Construction
Soecifications
Cell I Design June, 1979 D'Appolonia
Consulting Engineers, Inc (1)
Appendix A, Sheets 2,4,8,
9, t2-t5
Appendix B
Cell2 Design June,l979 D'Appolonta
Consulting Engineers, Inc (1)
Appendix A, Sheets 2,4,7-
10. 12-15
Appendix B
As-Built February, 1982 D'Appolonia
Consultine Engineers, Inc (2)
Figures 1,2, and Ll N/A
Cell3 Design May, 1981 D'Appolonia
Consultine Engineers, Inc G)
Sheets 2-5 Appendix B
As-Built March, 1983 Energy Fuels
Nuclear, Inc. (a)
Figures 1-4 N/A
Part I
Permit No. uGW370004
to gather fluids at the upstream toe of the cross-valley dike'
b) Tailings Cell 2 - which consists of the following major design elements:
Cross-valley Dike - constructed at the south margin of Cell 2 of native granular
materials with a 3:l slope, a 20-foot crest width, and crest elevation of about
5,615 ft amsl. The east and west interior slopes consist of cut-slopes with a 3: I
grade. The Cell 1 south dike forms the north margin of Cell 2, with a crest
elevation of 5,620 ft amsl.
Liner System - includes a single 30 mil PVC FML liner constructed of solvent
welded seams on a prepared sub-base, and overlain by a slimes drain collection
system. Top elevation of the FML liner in Cell2 is 5,615.0 ft and 5,613.5 ft amsl
on the north and south dikes, respectively. Said Cell2 FML liner is independent
of all other disposal cell FML liners. Immediately above the FML, a nominal 12-
inch (cell floor) to 18-inch (inside sideslope) soil protective blanket was
constructed of native sands from on-site excavated soils.
Crushed Sandstone Underlay - immediately below the FML a nominal 6-inch
thick layer of crushed sandstone was prepared and rolled smooth as a FML sub-
base layer. Beneath this underlay, native sandstone and other foundation
materials were graded to drain to a single low point near the upstream toe of the
south cross-valley dike. Inside this layer, an east-west oriented pipe was installed
to gather fluids at the upstream toe of the cross-valley dike.
Slimes Drain Collection System immediately above the FML a nominal l2-inch
thick protective blanket layer was constructed of native silty-sandy soil' On top of
this protective blanket, a network of 1.5-inch PVC perforated pipe laterals was
installed on a grid spacing interval of about 50-feet. These pipe laterals gravity
drain to a 3-inch diameter perforated PVC collector pipe which also drains toward
the south dike and is accessed from the ground surface viaa24-inch diameter,
vertical non-perforated HDPE access pipe. Each run of lateral drainpipe and
collector piping was covered with a 12 to 18-inch thick berm of native granular
filter material. At cell closure, leachate head inside the pipe network will be
removed via a submersible pump installed inside the24-inch diameter HDPE
access pipe.
c) Tailings Cell 3 - consisting of the following major design elements:
Cross-valley Dike - constructed at the south margin of Cell 3 of native granular
materials with a 3:1 slope, a 2O-foot crest width, and a crest elevation of 5,610 ft
amsl. The east and west interior slopes consist of cut-slopes with a 3:l grade.
The Cell 2 south dike forms the north margin of Cell 3, with a crest elevation of
5,615 ft amsl.
Liner System - includes a single 30 mil PVC FML liner constructed of solvent
welded seams on a prepared sub-base, and overlain by a slimes drain collection
system. Top elevation of the EML liner in Cell 3 is 5,613.5 ft and 5,608.5 ft amsl
on the north and south dikes, respectively. Said Cell 3 FML liner is independent
of all other disposal cell FML liners.
Crushed Sandstone Underlay - immediately below the FML a nominal 6-inch
1)
2)
3)
4)
1)
2)
3)
2.
Part I
Permit No. uGW370004
thick layer of crushed sandstone was prepared and rolled smooth as a FML sub-
base layer. Beneath this underlay, native sandstone and other foundation
materials were graded to drain to a single low point near the upstream toe of the
south cross-valley dike. Inside this layer, an east-west oriented pipe was installed
to gather fluids at the upstream toe of the cross-valley dike.
4) Slimes Drain Collection Layer and System - immediately above the FML, a
nominal l2-inch (cell floor) to lS-inch (inside sideslope) soil protective blanket
was constructed of native sands from on-site excavated soils (707o) and dewatered
and cyclone separated tailings sands from the rntll (30Vo). On top of this
protective blanket, a network of 3-inch PVC perforated pipe laterals was installed
on approximately 50-foot centers. This pipe network gravity drains to a 3-inch
perforated PVC collector pipe which also drains toward the south dike, where it is
accessed from the ground surface by a l2-inch diameter, inclined HDPE access
pipe. Each run of the 3-inch lateral drainpipe and collector pipe was covered with
a 12 to l8-inch thick berm of native granular filter media. At cell closure,
leachate head inside the pipe network will be removed via a submersible pump
installed inside the 12-inch diameter inclined access pipe.
Existing Tailings Cell Construction Authorized - tailings disposal in existing Tailings
Cells 1, 2, and3 is authorizedby this permit as defined in Table 3 and Part I.D.l, above'
Authorized operation and maximum disposal capacity in each of the existing tailings cells
shall not exceed the levels authorized by the License. Under no circumstances shall the
freeboard be less than three (3) feet, as measured from the top of the FML. Any
modification by the Permittee to any approved engineering design parameter at these
existing tailings cells shall require prior Executive Secretary approval, modification of
this Permit, and issuance of a construction permit.
Existing Facility DMT Performance Standards - the Permittee shall operate and maintain
cerrain mill site facilities and the existing tailings disposal cells to minimize the potential
for wastewater release to groundwater and the environment, including, but not limited to
the following additional DMT compliance measures:
a) DMT Monitoring Wells at Tailings Cell I -at all times the Permittee shall operate and
maintain Tailings Cell I to prevent groundwater quality conditions in any nearby
monitoring well from exceeding any Ground Water Compliance Limit established in
Table 2 of this Permit.
b) Tailings Cells 2 and 3 - including the following performance criteria:
l) Slimes Drain Maximum Allowable Head - the Permittee shall at all times
maintain the average wastewater head in the slimes drain access pipe to be as low
as reasonably achievable (ALARA) in each tailings disposal cell, in accordance
with the curently approved DMT Monitoring Plan. Compliance shall be
achieved when the average annual wastewater recovery elevation in the slimes
drain access pipe, determined pursuant to the currently approved DMT
Monitoring Plan, meets the conditions in Equation 1, below:
10
Part I
Permit No. UGW370004
Equation l:
[IEy+fEy-r+lBy-z]/[Ny+Ny-r+Ny-z]<[IEy-r+IEy-z+fEy-r]/[Ny-r+Ny-z+Ny-rl
Where:
IEy = Sum of all slimes drain tailings fluid elevation measurements made at the end of each 90-
hour recovery test collected during the calendar year ofinterest. Hereafter, these water level
measurements are referred to as slimes drain recovery elevations (SDRE). Pursuant to the
approved DMT Monitoring Plan, these recovery tests are to be conducted monthly and the SDRE
values reported in units of feet above mean sea level (amsl).
Itry-r = Sum of all SDRE measurements made in the year previous to the calendar year of
interest.
D,r-z = Sum of all SDRE measurements made in the second year previous to the calendar
year of interest.
IEv-l = Sum of all SDRE measurements made in the third year previous to the calendar year
of interest.
Ny = Total number of slimes drain 90-hour recovery tests conducted during the calendar year
of interest.
Ny-r = Total number of slimes drain 90-hour recovery tests conducted in the year previous to the
calendar year of interest.
Ny-z = Total number of slimes drain 90-hour recovery tests conducted in the second year
previous to the calendar year of interest.
Ny-3 = Total number of slimes drain 9O-hour recovery tests conducted in the third year previous
to the calendar year of interest.
Prior to January 1,2011, the following values for E and N values in Equation Ne'
l_shall be based on SDRE data from the following calendar years.
Report for
Calendar
Year
Source of Data By Calendar Year for Equation I Variables (rieht side)
Ev-r Ev-z Ev-r Nv-r Nv-z Nv-s
2008 2007 2001 2007 2007 2007 2001
2009 2008 2007 2007 2008 2001 2007
2010 2009 2008 2007 2009 2008 2007
Failure to satisfy conditions in Equation I shall constitute DMT failure and non-
compliance with this Permit. For Cell 3, this requirement shall apply after
initi ati on of de-waterin g operations.
c) Maximum Tailings Waste Solids Elevation - upon closure of any tailings cell, the
Permittee shall ensure that the maximum elevation of the tailings waste solids does
not exceed the top of the FML liner.
d) DMT Monitoring Wells - at all times the Permittee shall operate and maintain
Tailings Cells 2 and 3 to prevent groundwater quality conditions in any nearby
monitoring well from exceeding any Ground Water Compliance Limit established in
Table 2 of this Permit.
11
Part I
Permit No. UGW370O04
Roberts Pond -the Permittee shall operate this wastewater pond so as to provide a
minimum 2-foot freeboard at all times. Under no circumstances shall the water level
in the pond exceed an elevation of 5,624 feet amsl. In the event that the wastewater
elevation exceeds this maximum level, the Permittee shall remove the excess
wastewater and place it into containment in Tailings Cell I within 72 hours of
discovery. At the time of mill site closure, the Permittee shall reclaim and
decommission the Roberts Pond in compliance the final Reclamation Plan approved
under the License (hereafter Reclamation Plan).
Feedstock Storage Area -open-air or bulk storage of all feedstock materials at the
facility awaiting mill processing shall be limited to the eastern portion of the mill site
area described in Table 4, below. Storage of feedstock materials at the facility outside
this area, shall meet the requirements in Part I.D.l1. At the time of mill site closure,
the Permittee shall reclaim and decommission the Feedstock Storage Area in
compliance with an approved Reclamation Plan.
ora
Corner Northine (ft)Eastine (ft)
Northeast 323,595 2.580,925
Southeast 322,140 2,580,920
Southwest 322,140 2,580,420
West I 322,8rs 2,580,410
West 2 323,040 2,580,085
West 3 323,120 2,580,085
West 4 323,3t5 2.580.285
West 5 323,4t5 2.579.990
Northwest 323,600 2.579.990
Footnote: 1 ) epproxirn:ate State Plane Coordinates beginning from the extreme northeast corner and progressing
clockwise around the feedstock area (from 6l22ln ruC Response, Attachment K, Site Topographic Map,
Revised June, 2001.)
g) Mill Site Chemical Reagent Storage - for all chemical reagents stored at existing
storage facilities and held for use in the milling process, the Permittee shall provide
secondary containment to capture and contain all volumes of reagent(s) that might be
released at any individual storage area. Response to spills, cleanup thereof, and
required reporting shall comply with the provisions of an approved Emergency
Response Plan as found in an approved Stormwater Best Management Practices Plan,
stipulated by Parts I.D.l0 and I.H.16 of this Permit. For any new construction of
reagent storage facilities, said secondary containment and control shall prevent any
contact of the spilled or otherwise released reagent or product with the ground
surface.
4. Best Available Technology Requirements for New Construction - any construction,
modification, or operation of new waste or wastewater disposal, treatment, or storage
facilities shall require submittal of engineering design plans and specifications, and prior
Executive Secretary review and approval. All engineering plans or specifications
submitted shall demonstrate compliance with all Best Available Technology (BAT)
requirements stipulated by the Utah Ground Water Quality Protection Regulations (UAC
R317-6). Upon Executive Secretary approval this Permit may be re-opened and modified
to include any necessary requirements.
e)
0
Table 4. Feedstock St Area Coordinates (l)
t2
Part I
Permit No. UGW370004
5. BAT Design Standards for Tailings Cell 4A - the BAT design standard for Tailings Cell 4A
shall be defined by and construction conform to the requirements of the June 25,2007
Executive Secretary design approval letter for the relining of former existing Tailings Cell
No. 44, and as summarized by the engineering drawings, specifications, and description in
Table 5, below:
l) As qualified by conditions found in May 2,20M Division of Radiation Control letter.
2) As clarified by February 8, 2007 Division ofRadiation control Round 6 Interrogatory.
Tailings Cell 4A Design and Construction - approved by the Executive Secretary will consist
of the following major elements:
a) Dikes - consisting of existing earthen embankments of compacted soil, constructed by
the Permittee between 1989-1990, and composed of four dikes, each including a l5-foot
wide road at the top (minimum). On the north, east, and south margins these dikes have
slopes of 3H to lV. The west dike has an interior slope of 2H to lV. Width of these
dikes varies, Each has a minimum crest width of at least 15 feet to support an access
Table 5. A ved Taili Cell44' En nn Desr and ltlcatlons
Engineering Drawings
Name Date Revision
No.
Title
Sheet I of 7 Jtne,2007 Title Sheet
Sheet 2 of 7 June 15, 2007 Rev. I Site Plan
Sheet 3 of 7 June 15,2007 Rev. I Base Gradins Plan
Sheet 4 of 7 June 15,2007 Rev. I Pipe Lavout Plan
Sheet 5 of 7 June 15,2007 Rev. I Lin ns Svstem Details I
Sheet 6of7 June 15,2007 Rev. I Lin ns Svstem Details tr
Sheet 7 of7 June 15, 2007 Rev. I Lin ns Svstem Details Itr
Engineering Specifi cations
Date Document Title Prepared bv
June,2007 Revised Technical Specifications for the
Construction of Cell 4A' Linine System
Geosyntec Consultants
June, 2007 Revised Construction Quality Assurance Plan
for the Construction of Cell 44. Linine System
Geosyntec Consultants
March 27,2007 Revised Geosynthetic Clay Liner Hydration
Demonstration Work Plan (l)Geosyntec Consultants
November 27,2006 Cell Seismic Study (r)MFG Consulting
Scientists and Engineers
October 6,2006 Calculation of Action Leakage Rate Through
the Leakage Detection System Underlying a
Geomembrane Liner
Geosyntec Consultants
June22,2006 Slope Stability Analysis Cell 4A - Intenm
Conditions
Geosyntec Consultants
Jwe23,2006 Settlement Evaluation of Berms (z)Geosyntec Consultants
Ausust 22,2006 Pipe Strength Calculations Geosvntec Consultants
September 27,2007 DMC Cell 44' - GCL Hydration Geosvntec Consultants
Footnotes:
13
Part I
Permit No. UGW370004
road. Base width also varies from 89-feet on the east dike (with no exterior
embankment), to 2ll-feet at the west dike'
Foundation - including existing subgrade soils over bedrock materials. Foundation
preparation included excavation and removal of contaminated soils, compaction of
imported soils to a maximum dry density of 90To. Floor of Cell 4,A has an average slope
of lVo that grades from the northeast to the southwest corners.
Tailings Capacity - the floor and inside slopes of Cell 4A encompass about 40 acres and
have a maximum capacity of about 1.6 million cubic yards of tailings material storage (as
measured below the required 3-foot freeboard).
Liner and Leak Detection Systems - including the following layers, in descending order:
l) Primary Flexible Membrane Liner (FML) - consisting of impermeable 60 mil high
density polyethylene (HDPE) membrane that extends across both the entire cell floor
and the inside side-slopes, and is anchored in a trench at the top of the dikes on all
four sides. The primary FML will be in direct physical contact with the tailings
material over most of the Cell 44. floor area. In other locations, the primary FML
will be in contact with the slimes drain collection system (discussed below).
2) l-e,ak Detection System - includes a permeable HDPE geonet fabric that extends
across the entire area under the primary FML in Cell 4A, and drains to a leak
detection sump in the southwest corner. Access to the leak detection sump is via an
18-inch inside diameter (ID) PVC pipe placed down the inside slope, located between
the primary and secondary FML liners. At its base this pipe will be surrounded with
a gravel filter set in the leak detection sump, having dimensions of 10 feet by 10 feet
by 2 feet deep. In turn, the gravel filter layer will be enclosed in an envelope of
geotextile fabric. The purpose of both the gravel and geotextile fabric is to serve as a
filter.
3) Secondary FML - consisting of an impermeable 60-mil HDPE membrane found
immediately below the leak detection geonet. Said FML also extends across the
entire Cell 44 floor, up the inside side-slopes and is also anchored in a trench at the
top of all four dikes.
4) Geosynthetic Clay Liner - consisting of a manufactured geosynthetic clay liner
(GCL) composed of 0.2-inch of low permeability bentonite clay centered and stitched
between two layers of geotextile. Prior to disposal of any wastewater in Cell 4A, the
Permittee shall demonstrate that the GCL has achieved a moisture content of at least
50Vo by weight. This item is a revised requirement per DRC letter to DUSA dated
September 28,2007
Slimes Drain Collection System - including a two-paft system of strip drains and
perforated collection pipes both installed immediately above the primary FML, as
follows:
1) Horizontal Strip Drain System - is installed in a herringbone pattern across the floor
of Cell 44 that drain to a "backbone" of perforated collection pipes. These strip
drains are made of a prefabricated two-part geo-composite drain material (solid
polymer drainage strip) core surrounded by an envelope of non-woven geotextile
filter fabric. The strip drains are placed immediately over the primary FML on 50-
t4
0
s)
Part I
Permit No. UGW370004
foot centers, where they conduct fluids downgradient in a southwesterly direction to a
physical and hydraulic connection to the perforated slimes drain collection pipe. A
series of continuous sand bags, filled with filter sand cover the strip drains' The sand
bags are composed of a woven polyester fabric filled with well graded filter sand to
protect the drainage system from plugging'
2) Horizontal Slimes Drain Collection Pipe System - includes a "backbone" piping
system of 4-inch ID Schedule 40 perforated PVC slimes drain collection (SDC) pipe
found at the downgradient end of the strip drain lines. This pipe is in tum overlain by
a berm of gravel that runs the entire diagonal length of the cell, surrounded by a
geotextile fabric cushion in immediate contact with the primary FML. In turn, the
gravel is overlain by a layer of non-woven geotextile to serve as an additional filter
material. This perforated collection pipe serves as the "backbone" to the slimes drain
system and runs from the far northeast corner downhill to the far southwest corner of
Cell 4A where it joins the slimes drain access pipe.
3) Slimes Drain Access Pipe - consisting of an lS-inch ID Schedule 40 PVC pipe
placed down the inside slope of Cell 4A at the southwest corner, above the primary
Flrtr-. Said pipe then mergis with another horizontal pipe of equivalent diameter and
material, where it is enveloped by gravel and woven geotextile that serves as a
cushion to protect the primary FML. A reducer connects the horizontal lS-inch pipe
with the 4-inch SDC pipe. At some future time, a pump will be set in this 18-inch
pipe and used to remove tailings wastewaters for purposes of de-watering the tailings
cell.
North Dike Splash Pads - three 20-foot wide splash pads will be constructed on the north
dike to protect the primary FML from abrasion and scouring by tailings slurry. These
pads will consist of an extra layer of 60 mil HDPE membrane that will be installed in the
anchor trench and placed down the inside slope of Cell 4A, from the top of the dike,
under the inlet pipe, and down the inside slope to a point 5-feet beyond the toe of the
slope.
Emergency Spillway - a concrete lined spillway will be constructed near the western
corner of the north dike to allow emergency runoff from Cell 3 into Cell 4A. This
spillway will be limited to a 6-inch reinforced concrete slab set directly over the primary
FML in a 4-foot deep trapezoidal channel. No other spillway or overflow structure will
be constructed at Cell 4A. All stormwater runoff and tailings wastewaters not retained in
Cells 2 and 3, will be managed and contained in Cell 4,{, including the Probable
Maximum Precipitation and flood event.
or Taili 4A - the
SO AS tO DIEV lease of w
with
Executi
and
Tailin
ment rn Main
these performance standards shall include:
llons/da
15
torins O
r.H.19. A
c)
Part I
Permit No. UGW370004
Criteria - after
ittee
Annual A
conditions drain laver in
ln the slimes
manner equivalent to the requirements found in Part I.D.3(b).
imum Weeklv W - under no ci the freeboard be
r FML.
7.Definition of l la (2) Waste - for purposes of this Permit, lle.(2) waste is defined as: "...
tailings or wastes produced by the extraction or concentration of uranium or thorium from
any ore processed primarily for its source material content", as defined in Section I le.(2)
of the U.S. Atomic Energy Act of 1954, as amended; which includes other process related
wastes and waste streams described by a March 7 ,2003 NRC letter from Paul H. Lohaus
to William J. Sinclair.
Closed Cell Performance Requirements - before t'eclamation and closure of any tailings
disposal cell, the Permittee shall ensure that the final design, construction, and operation
of the cover system at each tailings cell will comply with all requirements of an approved
Reclamation Plan, and will for a period of not less than 200 years meet the following
minimum performance requirements :
a) Minimize infiltration of precipitation or other surface water into the tailings,
including, but not limited to the radon barrier, and
b) Prevent the accumulation of leachate head within the tailings waste layer that could
rise above or over-top the maximum FML liner elevation internal to any disposal cell,
i.e. create a "bathtub" effect.
c) Ensure that groundwater quality at the compliance monitoring wells does not exceed
the Ground Water Quality Standards or Ground Water Compliance Limits specified in
Part I.C.l and Table 2 of this Permit.
Facility Reclamation Requirements - upon commencement of decommissioning, the
Permittee shall reclaim the mill site and all related facilities, stabilize the tailings cells,
and construct a cover system over the tailings cells in compliance with all engineering
design and specifications in an approved Reclamation Plan. The Executive Secretary
reserves the right to require modifications of the Reclamation Plan for purposes of
compliance with the Utah Ground Water Quality Protection Regulations, including but
not limited to containment and control of contaminants, or discharges, or potential
discharges to Waters of the State.
10. Stormwater Management and Spill Control Requirements - the Permittee will manage all
contact and non-contact storrnwater and control contaminant spills at the facility in
accordance with the currently approved Stormwater Best Management Practices Plan.
Said plan includes the following minimum provisions:
a) Protect groundwater quality or other waters of the state by design, construction,
and/or active operational measures that meet the requirements of the Ground Water
Quality Protection Regulations found in UAC R3l7-6-6.3(G) and R3l7-6-6.4(C),
b) Prevent, control and contain spills of stored reagents or other chemicals at the mill
site,
t6
8.
9.
Part I
Permit No. UGW370004
c) Cleanup spills of stored reagents or other chemicals at the mill site immediately upon
discovery,
d) Report reagent spills or other releases at the mill site to the Executive Secretary in
accordance with UAC 19-5-114.
Reconstruction of stormwater management and/or chemical reagent storage facilities,
existing at the time of original Permit issuance, may be required by the Executive
Secretary after occurrence of a major spill or catastrophic failure, pursuant to Part tV'N'3
of this Permit.
11. DMT Requirements for Feedstock Material Stored outside the Feedstock storage Area -
the permittee shall store and manage feedstock materials outside the ore storage pad in
accordance with an approved Feedstock Management Plan pursuant to Part I-H.21 of the
permit.
E. Gnoulp Weren ColpneNcE AND TecnNolocY PERFORMANCE Molrrronn'lc - beginning
with the effective date and lasting through the term of this permit or as stated in an approved
closure plan, the permittee shall sample groundwater monitoring wells, monitor groundwater
levels, monitor water levels of process solutions, and monitor and keep records of the
operation of the facility, as follows:
l. Routine Groundwater Compliance Monitoring - the Permittee shall monitor
upgradient, lateral gradient, and downgradient ground water monitoring wells
completed in the shallow aquifer in the vicinity of all potential discharge sources that
could affect local groundwater conditions at the facility, as follows:
a) Ground Water Monitoring Quality Assurance PIan - all groundwater monitoring and
analysis performed under this Permit shall be conducted in accordance with a Quality
Assurance plan (QAP) currently approved by the Executive Secretary. Any non-
AP rnaglv d water
b)euarterly Monitoring - the Permittee shall monitor on a quarterly basis all monitoring
wells lisied in Table 2 of this permit where local groundwater average linear velocity
has been found by the Executive Secretary to be equal to or greater than l0 feet/year.
For purposes of tiris Permit, quarterly monitoring is required at the following wells:
l) Upgradient Wells: none
2) Lateral or Downgradient Wells: IVJW-l l,Ivfw-l4, MW-26 (formerly TW4-15),
and MW-32 (formerlY TW4-17).
Semi-annual Monitoring - the Permittee shall monitor on a semi-annual basis all
monitoring wells listed in Table 2 of this Permit where local groundwater average
linear velocity has been found by the Executive Secretary to be less than l0 feetlyear.
For purposes of this Permit, semi-annual monitoring is required at the following
wells:
c)
t'7
Part I
Permit No. UGW370004
Upgradient Wells: MW-I, MW-18, and MW-19,
Lateral or Downgradient wells: Mw-2, MW-3, IV[W-5, MW-12, MW-15, and
MW-17,
Compliance Monitoring Parameters - all groundwater samples collected shall be
analyzed for the following parameters:
l) Field Parameters -depth to groundwater, pH, temperature, and specific
conductance.
2) LaboratoryParameters
i. GWCL Parameters - all contaminants specified in Table 2.
ii. General Inorganics -chloride, sulfate, carbonate, bicarbonate, sodium,
potassium, magnesium, calcium, and total anions and cations.
Special provisions for Groundwater Monitoring - the Permittee shall ensure that all
gioundwater monitoring conducted and reported complies with the following
requirements:
l) Depth to Groundwater Measurements - shall always be made to the nearest 0.01
foot.
2) Minimum Detection Limits - all groundwater quality analyses reported shall have
a minimum detection limit or reporting limit that is less than its respective Ground
water compliance Limit concentration defined in Table 2.
3) Gross Alpha Counting Variance - Atl gross atpha ana
an error term. All gross alpha analysis reported with an activity equal to or greater
than the GWCL. shall have a counting variance that is equal to or less than 2OVo
"f th. ,"p".ted activity concentration. An error term may be greater than 207o of
ntration when the su n and
error term is less than or equal to the GWCL'
4) All equipment used for purging and sampling of ground water shall be made of
inerl materials.
Groundwater Monitoring: Monitoring Wells MW-20 and MW-22 - Starting with the l't
euarter 200g groundwater event the Permittee shall implement a quarterly groundwater
sampling program. Said sampling shall comply with the following Permit requirements:
a) Routine groundwater compliance monitoring requirements of Part I'E'1
b) Well monitoring procedure requirements of Part I'E'5'
After completion of eight (8) consecutive quarters of groundwater sampling and analysis
of MW-20 and MW-22,thePermittee shall submit a report that will include: 1) the
groundwater quality data, and 2) calculated groundwater velocities in the vicinity of MW-
1O anaNNV-ZZ. The said report shall be submitted by March l,20l}. After review of
this report the Executive Secretary will may re-open anC the Permit. and adjust the
sampling frequencv in accordance with criteria found in Part I'E'l(b) or (c)'
Groundwater Head Monitoring - on a quarterly basis and at the same frequency as
groundwater monitoring required by Part I.E.1, the Permittee shall measure depth to
l8
l)
2)
d)
e)
the
aJ.
4.
Part I
Permit No. UGW370004
groundwater in the following wells and/or piezometers:
a) point of Compliance Wells - identified in Table 2 and Part I.E.l of this Permit,
b) Piezometers - P-l,P-z, P-3, P-4, P-5.
c) Existing Monitoring Wells - MW-20 and MW-22-
d) Contaminant Investigation Wells: any well required by the Executive Secretary as a
part of a contaminant investigation or groundwater corrective action, and
e) Any other wells or piezometers required by the Executive Secretary.
Groundwater Monitoring Well Design and Construction Criteria - all new groundwater
monitoring wells installed at the facility shall comply with the following design and
construction criteria:
a) Located as close as practical to the contamination source, tailings cell, or other
potential origin of groundwater pollution,
b) Screened and completed in the shallow aquifer,
c) Designed and constructed in compliance with UAC R317-6-6.3(IX6), including the
EpA RCRA Ground Water Monitoring Technical Enforcement Guidance Document,
1986, OSWER-9950.1.
d) Aquifer tested to determine local hydraulic properties, including but not limited to
hydraulic conducti vitY.
Monitoring Procedures for Wells - beginning with the date of Permit issuance, all
monitoring shall be conducted by the Permittee in conformance with the following
procedures:
a) Sampling - grab samples shall be taken of the ground water, only after adequate
removal or purging of standing water within the well casing has been performed.
b) Sampling Plan - all sampling shall be conducted to ensure collection of representative
samples, and reliability and validity of groundwater monitoring data.
c) Laboratory Approval - all analyses shall be performed by a laboratory certified by the
State of Utah to perform the tests required.
d) Damage to Monitoring Wells - if any monitor well is damaged or is otherwise
rendered inadequate for its intended purpose, the Permittee shall notify the Executive
Secretary in writing within five days of discovery.
e) Field Monitoring Equipment Calibration and Records - immediately prior to each
monitoring event, the Permittee shall calibrate all field monitoring equipment in
accordance with the respective manufacturer's procedures and guidelines. The
permittee shall make and preserve on-site written records of such equipment
calibration in accordance with Part II.G and H of this Permit. Said records shall
identify the manufacturer's and model number of each piece of field equipment used
and calibration.
White Mesa Seep and Spring Monitoring - after approval of the plan required by Part
I.H.8, this Permit will be modified to require annual monitoring of selected seeps or
5.
6.
t9
Part I
Permit No. UGW370004
springs on White Mesa.
j. DMT performance Standard Monitoring - the Permittee shall perform technology
performance monitoring in accordance with the currently approved DMT Monitoring
plan to determine if DMT is effective in minimizing and controlling the release of
contaminants pursuant to the provisions of Parts I.D.1 and I.D.3 of this Permit, including,
but not limited to the following activities:
a) Weekly Tailings Wastewater Pool Elevation Monitoring: Cells 1 and 3 - the
permittee shalimonitor and record weekly the elevation of wastewater in Tailings
Cells I and 3 to ensure compliance with the maximum wastewater elevation criteria
mandated by Condition 10.j of the License. Said measurements shall be made from a
wastewater level gauge or elevation survey to the nearest 0'01 foot'
b) Monthly Slimes Drain Water Irvel Monitoring: Cells 2 and 3 - the Permittee shall
monitor and record monthly the depth to wastewater in the slimes drain access pipes
as described in the currently approved DMT Monitoring Plan at Tailings Cells 2 and 3
to determine the 9O-hour fluid recovery head. For purposes of said monitoring, the
Permittee shall at each tailings cell:
a. Designate, operate, maintain, and preserve one water level measuring point at the
centerline of the slimes drain access pipe that has been surveyed and certified by a
Utah licensed engineer or land surveyor'
b. Make all slimes drain recovery head (depth to fluid) measurements from the same
designated water level measuring point, and
c. Record and report all fluid depth measurements to the hearest 0.01 foot.
For Cell 3 these requirements shall apply upon initiation of tailings de-watering
operations.
c) Weekly Wastewater Level Monitoring: Roberts Pond - the Permittee shall monitor
and record weekly wastewater levels at the Roberts Pond to determine compliance
with the DMT operations standards in Part I.D.3. Said measurements shall be made
in accordance to the currently approved DMT Monitoring Plan.
d) Weekly Feedstock Storage Area Inspection - the Permittee shall develop a Standard
Operating procedure for the License and inspect the Feedstock Storage Areas to:
i. Confirm the bulk feedstock materials are maintained within the approved
Feedstock Storage Area defined by Table 4, and
ii. Verify that all alternate feedstock materials located outside the Feedstock Area
defined in Table 4, are maintained within water-tight containers.
e) Feedstock Material Stored Outside the Feedstock Storage Area Maintenance Plan-
aft'er Executive Secretary approval of the Feedstock Storage Area Maintenance Plan,
required by part l.H.2l of this Permit, the Permittee shall immediately implement said
Plan.
8.Cell4A BAT performance Standard Monitoring - after Executive Secretary approval of
4A ions and Mainten I.H.19
Part I
Permit No. UGW370004
Permit. the Permittee shall immediately implement all monitoring and recordkeepine
in. At a mini
1) Leak Detection System Pumping and Monitoring Equipment - the Permittee
shall provide continuous operation of the leak detection system pumping and
t. includins. but ible oum
monitorins. and
made full
constitute failure of BAT and a violation of this Permit.
2) Maximum Allowable Head - the Permittee shall measure the fluid head above
ible membrane
and equipment approved bly the Executive Secretary. Under no circumstance
shall fluid head in the ]eak detection system sump exceed a 1-foot level above
the lowest point in the lower flexible membrane liner. The occurrence of leak
ion svstem flui limir shall
3) Maximum A
volume of all fluids pumped from the LDS. Under no circumstances shall the
average daily I.DS flow volume exceed 24.160 gallons/day.
4) 3-foot Minimum Vertical Freeboard Criteria - the Permittee shall operate and
maintain wastewater levels to provide a 3-foot Minimum of vertical freeboard in
l4A. Sai I be made to the n
nditions in 4A slimes drain svst
tests and flui urements will be
apploved by the Executive Secretary.
On-site Chemicals Inventory - the Permittee shall monitor and maintain a current
inventory of all chemicals used at the facility at rates equal to or greater than 100 kg/yr.
Said inventory shall be maintained on-site, and shall include, but is not limited to:
a. Identification of chemicals used in the milling process and the on-site laboratory,
b. Determination of volume and mass of each raw chemical currently held in storage at
the facility.
Tailings Cell Wastewater Quality Monitoring - on an annual basis, the Permittee shall
collect wastewater quality samples from each wastewater source at each tailings cell at the
facility, including, but not limited to: surface impounded wastewaters, and slimes drain
wastewaters. All such sampling shall be conducted in August of each calendar year in
compliance with the approved Tailings Cell Wastewater Quality Sampling Plan required by
Part I.H.5 of this Permit. The Permittee shall also provide at least a 30-day notice in
advance of the annual sampling event, so as to allow the Executive Secretary to collect split
samples of the various tailings cells wastewater sources.
the
b)
9.
10.
Executive Secretary. Failure of anly pumpins or monitoring equipment not
Technolosv and a violation of this Permit.
Slimes Drain Recovery Head Monitoring - immediately after the Permittee initiates
21
Part I
Permit No. UGW370004
1 1. Groundwater Monitoring Modifications - before any modification of groundwater
monitoring or analysis procedures, methods, or equipment, the Permittee must obtain
prior written approval from the Executive Secretary.
F. Rrpoxrnrc Rreum.rmx-rs - The following reporting procedures for routine and compliance
reports must be met.
l. Routine Groundwater Monitoring Reports - the Permittee shall submit quarterly
monitoring reports of field and laboratory analyses of all well monitoring and samples
described in Parts I.E.1, 1.8.2,I.E.3,I.E.5, and LE.7 of this Permit forExecutive Secretary
review and approval. Reports shall be submitted according to the following schedule:
Table Schedule6. Groundwater Monitorin
Ouarter Period Due Date
First January - March June I
Second April - June Seotember I
Third Julv - September December I
Fourth October - December March I
Failure to submit the reports by the due date shall be deemed as noncompliance with this
permit. Said monitoring reports shall include, but are not limited to, the following
minimum information:
a) Field Data Sheets - or copies thereof that provide the following: well name, date and
time of well purging, date and time of well sampling, type and condition of well
pump, depth to groundwater before purging and sampling, calculated well casing
volume, volume of water purged before sampling, volume of water collected for
analysis, types of sample containers and preservatives.
b) Laboratory Results - or copies thereof that provide the following: date and time
sampled, date received by laboratory, and for each parameter analyzed, the following
information: laboratory result or concentration, units of measurement, minimum
detection limit or reporting limit, analyical method, date of analysis, counting error
for radiologic analyses, total cations and anions for inorganic analysis.
c) Water Table Contour Map - which provides the location and identity of all wells
sampled that quarter, the measured groundwater elevation at each well measured in
feet above mean sea level, and isocontour lines to delineate groundwater flow
directions observed during the quarterly sampling event.
d) Quality Assurance Evaluation and Data Validation - including a written description
and findings of all quality assurance and data validation efforts conducted by the
Permittee in compliance with the Groundwater Monitoring Quality Assurance Plan.
Said report shall verify the accuracy and reliability of the groundwater quality
compliance data, after evaluation of sample collection techniques and equipment,
sample handling and preservation, analytical methods used, etc.
e)-conforma with eac water monl
-conformance wi
of the currently approved OAP. mandated by Part I.E.l(a't
22
J.
Part I
Permit No. UGW370004
0 Electronic Data Files and Format - in addition to written results required for every
sampling report, the Permittee shall provide an electronic copy of all laboratory
.".uit, for groundwater quality monitoring conducted. Said electronic files shall
consist of Comma Separated Values (CSV) format, or as otherwise approved by the
Executive Secretary'
2. Routine DMT performance Standard Monitoring Report - the Permittee shall provide
quarterly monitoring reports of all DMT performance standard monitoring required by
'Fartl.E.1 of this permit. DMT monitoring shall be conducted in compliance with the
currently approved DMT Monitoring Plan. Said monitoring reports and results shall be
submitted ior Executive Secretary approval on the schedule provided in Table 6, above.
ton
I E.8
with a ved
id nd res val onn
the in Tab tori for
Cell 4,A. will include:
a) LDS Monitoring - includine:
ional
r. incl identifi
DMT and BAT Performance Upset Reports - the Permittee shall report any non-
compliance with the DMT or BAT performance criteria of Part I.D in accordance with the
requirements of Part I.G.3 of this Permit'
Other Information - when the Permittee becomes aware of a failure to submit any relevant
facts in the permit application or submittal of incorrect information in a permit
application br in any ieport to the Executive Secretary, the Permittee shall submit such
facts or information within 10 days of discovery'
Groundwater Monitoring Well As-Built Reports - as-built reports for new groundwater
monitoring wells shall bL submitted for Executive Secretary approval within 60 days of
Moni
1)
4.
5.
6.
status and rePairs.
membrane
freeboard
r.E.8(b).
23
Part I
Permit No. UGW370OO4
well completion, and at a minimum will include the following information:
a) Geologic Logs - rhat detail all soil and rock lithologies and physical properties of all
subsurface materials encountered during drilling. Said logs shall be prepared by a
Professional Geologist licensed by the State of Utah, or otherwise approved
beforehand by the Executive Secretary'
b) Well Completion Diagram - that detail all physical attributes of the well construction,
including:
1) Total depth and diameters of boring,
2) Depth, type, diameter, and physical properties of well casing and screen, including
well screen slot size,
3) Depth intervals, type and physical properties of annular filterpack and seal
materials used,
4) Design, type, diameter, and construction of protective surface casing,
5) Survey coordinates prepared by a State of Utah licensed engineer or land.
surveyor, including horizontal coordinates and elevation of water level measuring
point, as measured to the nearest 0.01 foot'
c) Aquifer permeability Data - including slug test, aquifel pump test or other hydraulic'
analysis to determine local aquifer hydraulic conductivity in each well'
White Mesa Seep and Spring Monitoring Reports - after approval of the work plan and
report required by Part I.H.g, this Permit may be modified to require annual monitoring
and reporting of selected seeps or springs on White Mesa'
chemicals Inventory Report - at the time of Permit renewal the Permittee shall submit a
report to update the faciiities chemical inventory report required by Part I.H.9. Said
,"po.t shali provide all inventory information gathered pursuant to Part I.E.9.
Tailings Cell Wastewater Quality Reports - all annual wastewater quality sampling and
analysis required by Part I.E.l0 shall be reported to the Executive Sicretary with the 3'd
Quarter groundwater quality report due on December 1 of each calendar year. Said report
shall include all information required by Part I.F.l(a), (b), (d), and (e) of this Permit'
10. Revised Hydrogeologic Report - pursuant to Part IV.D of this Permit, and at least 180
days prior io Permit expiration, the Permittee shall submit for Executive Secretary
upprorut a revised hydrogeologic report for the facility and surrounding area. Said report
stratt provide a comprehensive update and evaluation of:
a) Local hydrogeologic conditions in the shallow aquifer, including, but not limited to:
local geologic conditions; time relationships and distribution of shallow aquifer head
measurements from facility wells and piezometers; local groundwater flow directions;
and distribution of aquifer permeability and average linear groundwater velocity
across the site, and
b) Well specific groundwater quality conditions measured at facility monitoring wells
for all groundwater monitoring parameters required by this Permit, including, but not
7.
8.
9.
24
G.
Part I
Permit No. UGW370004
limited to: temporal contaminant concentrations and trends from each monitoring
well; statisticaliests for normality of each contaminant and well, including univariate
or equivalent tests; calculation of the mean concentration and standard deviation for
each well and contaminant'
11. Annual Slimes Drain Recovery Head Report - on or before March I of each year the
permittee shall submit for Executive Secretary approval an annual slimes drain recovery
head report for Tailings cells 2 and3. Said report shall conform to the requirements of
Part I.D.3(b), I.E.7(b), and II.G of this Permit, and:
a) provide the individual monthly slimes drain recovery head monitorin_g data for the
previous calendar year, including , but not limited to: date and time for the start and
end of recovery test, initial watei level, final depth to water and recovery water level
elevation.
b) Calculate the average slimes drain recovery head for the previous calendar year'
c) Demonstrate compliance status with the requirements of Part I.D.3(b) and I'E'7(b) of
this Permit.
Our or CoIPmNCE STATUS
l. Accelerated Monitoring Status - is required if the concentration of a pollutant in any
compliance monitorintsample "^...dt a GWCL in Table 2 of the Permit; the facility
shall then:
a) Notify the Executive Secretary in writing within 30 days of receipt of data; and
b) lmmediately initiate accelerated sampling of the pollutant as follows:
l) euarterly Baseline Monitoring Wells - for wells defined by Part I.E.l(b) the
Permittee shall initiate monthly monitoring'
2) Semi-annual Baseline Monitoring Wells - for wells defined by Part I.E.1(c) the
Permittee shall initi ate quarterly monitorin g'
Said accelerated monitoring shall continue at the frequencies defined above until the
compliance status of the facility can be determined by the Executive Secretary'
2. Violation of Permit Limits - out-of-compliance status exists when:
a) The concentration of a pollutant in two consecutive samples from a compliance
monitoring Point exceed :
l) A GWCL in Table 2 of this Permit, and;
2) The reported ground water concentration for that pollutant exceeds the mean by
two standard deviations. For purposes of this Permit, the standard deviation and
mean will be calculated using values for the ground water pollutant at each
individual compliance monitoring point or well; or
b) The concentration value of any pollutant in two oI more consecutive samples is
statistically significantly higher than the applicable permit limit' The statistical
significance s[d] be determined using the statistical methods described in Statistical
25
Part I
Permit No. uGW370004
Methods for Evaluating Ground Water Monitoring Data from Hazardous Waste
Facilities, vol. 53, No. 196 of the Federal Register, oct. I l, 1988.
3. Failure to Maintain DMT or BAT Required by Permit
permittee to Provide Information - in the event that the Permittee fails to maintain
DMT or BAT or otherwise fails to meet DMT or BAT standards as required by the
permit, the Permittee shall submit to the Executive Secretary a notification and
iescription of the failure according to R317-6-6.16(CX1). Notification shall be given
orally within 24 hours of the Permittee's discovery of the failure of DMT or BAT, and
shall be followed up by written notification, including the information necessary to
make a determination under R317-6-6.16(CX2), within five days of the Permittee's
discovery of the failure of best available technology.
The Executive Secretary shall use the information provided under R317-6-6.16.C(l)
and any additional information provided by the Permittee to determine whether to
initiate a compliance action against the Permittee for violation of permit conditions.
A compliance action shall not be initiated, if the Executive Secretary determines that
the Permittee has met the standards for an affirmative defense, as specified in R3l7-6-
6.16(CX3).
Affirmative Defense - in the event a compliance action is initiated against the
permittee for violation of permit conditions relating to best available technology or
DMT, the Permittee may affirmatively defend against that action by demonstrating
the following:
l) The Permittee submitted notification according to R3l7-6-6.13;
2) The failure was not intentional or caused by the Permittee's negligence, either in
action or in failure to act
3) The Permittee has taken adequate measures to meet permit conditions in a timely
manner or has submitted to the Executive Secretary, for the Executive Secretary's
approval, an adequate plan and schedule for meeting permit conditions; and
4) The provisions of UCA 19-5-107 have not been violated'
4. Facility Out of Compliance Status - if the facility is out of compliance, the following is
required:
The permittee shall notify the Executive Secretary of the out of compliance status
within 24 hours after detection of that status, followed by a written notice within 5
days of the detection.
The Permittee shall continue accelerated sampling pursuant to Part I'G.1, unless the
Executive Secretary determines that other periodic sampling is appropriate, until the
facility is brought into compliance.
The permittee shall prepare and submit within 30 days to the Executive Secretary a
plan and a time schedule for assessment of the sources, extent and potential
iispersion of the contamination, and an evaluation of potential remedial action to
,"rior. and maintain ground water quality to insure that permit limits will not be
exceeded at the compliance monitoring point and that DMT or BAT will be
a)
b)
c)
a)
b)
c)
26
Part I
Permit No. UGW370004
reestablished.
d) The Executive Secretary may require immediate implementation of the contingency
plan to be submitted pursuant to Part I'H.15, in order to regain and maintain
tompliance with the permit limit standards at the compliance monitoring point or to
reestablish DMT or BAT as defined in the permit'
e) Where it is infeasible to reestablish DMT or BAT as defined in the permit, the
permittee may propose an altemative DMT or BAT for approval by the Executive
Secretary.
5. Accelerated Monitoring Status for New Wells - any new compliance monitoring well
installed by the Permittee after issuance of this Permit, will be designated a compliance
monitoring point, and subject to the requirements of Part I.G of this Permit, after
submittal and Executive Secretary approval of the Background Groundwater Quality
Report required by Part I.H.4 of this Permit'
H. Corwr-TANCE SCmpUlr RpQurnrwvrs. The Permittee will comply with the schedules as
described and summarized below:
l. Installation of New Groundwater Monitoring Wells - within 30 days of issuance of this
permit, the permittee shall submit a plan for the installation of new monitoring wells for
Executive Secretary approval. Said plan shall include the following information:
a) Taitings Cell I DMT Wells -one (l) hydraulically upgradient well and two (2)
hydraulically downgradient wells that comply with the provisions of Part I.E'3 of this
permit, and the weli location map submitted by the Permittee on April 16,2004.
b) New Compliance Monitoring Wells for Tailings Cells 2 and3 -an adequate number
and location of monitoring wells to ensure:
1) Early detection of tailings cell contamination of shallow groundwater from
Tailings Cells 2 and 3. The number and location of these wells shall conform to
the prJvisions of part I.E.4, and the well location map submitted by the Permittee
on APril 16, 2004, and
2) Discrete moniroring of each individual disposal cell. For Cell2 this shall mean
installation of three (3) monitoring wells on the shared dike between Cells 2 and
3, as per the well location map submitted by the Permittee on April 16, 2004.
c) New well design and construction details that comply with Part I'E.4 of this Permit'
2. Revised Hydrogeologic Report - the revised hydrogeologic report submitted for
Executive Secretary approval shall include:
a) Monitoring well as built report for each well that complies with the information
requirements of Part I.F.6'
b) Hydrogeologic data from each new well, including but not limited to: depth and
elevation of groundwater level, and aquifer test results to determine local
permeabilitY.
27
3.
Part I
Permit No. UGW370O04
c) Comprehensive hydrogeologic evaluation of the facility that includes both new data
collected during or as a result of the new monitoring well installation required by Pat
I.H.1, and all existing hydrogeologic information available for the site.
d) Aquifer test results to determine local hydraulic conductivity and other aquifer
properties at existing well MW-32 (formerly TW4-17).
e) Average linear groundwater velocity calculated for each well, based on well specific
hydraulic conductivity, hydraulic gradient, and effective aquifer porosity.
If after review of the revised hydrogeologic report, the Executive Secretary determines
that additional information is required, the Permittee shall provide all requested
information, resolve all issues identified, and re-submit the report for Executive Secretary
review and approval within a timeframe approved by the Executive Secretary.
If after review of this report, the Executive Secretary determines that additional
monitoring wells are required to adequately monitor the facility, the Permit will be re-
opened and modified to require all necessary improvements pursuant to Part IV.N.3.
Background Ground Water Quality Report: Existing Wells -the content of the
Background Ground Water Quality Report for all existing monitoring wells at the facility
shall include:
a) All available groundwater quality data for all existing monitoring wells at the facility.
b) A quality assurance evaluation and data validation of the existing and historic on-site
groundwater quality data that on a well-by-well and contaminant specific basis:
1) Identifies,justifies, and/or culls any zero concentration values reported,
2) Determines the adequacy of minimum detection limits used, particularly with
respect to the corresponding GWQS for each contaminant,
3) Adequately addresses any special statistical needs for management of data sets
with a large proportion of non-detectable values,
4) Determines the adequacy of laboratory and analyical methods used,
5) Determines the consistency of laboratory units of reporting,
6) Evaluates and justifies internal consistency between specific and composite types
of groundwater quality analysis (e.g' major ions and TDS),
7) Identifies and justifies any groundwater concentration outliers,
8) Tests the selected groundwater quality data for each individual well and
contaminant for normality, and justifies the use of parametric or non-parametric
statistical methods for each.
c) An examination and justification of any temporal and/or spatial groundwater quality
concentration phenomena, that shall include, but are not limited to:
l) Any long term or apparently increasing contaminant concentration trends found in
any existing monitoring wells,
2) Any long term or apparently increasing contaminant concentration ratios observed
in existing monitoring wells.
28
Part I
Permit No. UGW370004
3) Any contaminant concentrations that appear to exceed their corresponding
GWQS.
d) Determination of descriptive statistics for each individual well and contaminant found
in Table 2 of this Permit.
If after review of the report, the Executive Secretary determines that additional
information is requireA, tfre Permittee shall provide all requested information, resolve all
issues identified, and re-submit the report for Executive Secretary review and approval
within a timeframe approved by the Executive Secretery. upon approval of this report,
the Executive Secretary will re-open this Permit and modify the Ground Water
Compliance Limits in Table 2, aboveto account for natural variations in groundwater
qualiiy, not caused by current or historic operations at the facility'
4. Background Groundwater Quality Report: New Monitoring Wells - the content of the
Background Groundwater Quality neport for the new monitoring wells shall compl,v with
the information requirements of Part I.H.3 of this Permit.
If after review of the report, the Executive Secretary determines that additional
information is requireO, ttre Permittee shall provide all requested information, resolve all
issues identified, and re-submit the report for Executive Secretary review and approval
within a timeframe approved by the Executive Secretary. After approval of this report,
the Executive Secretary will re-open this Permit and establish Groundwater compliance
Limits in Table 2for the new monitoring wells'
5. Tailings Cells Wastewater Quality Sampling Plan -the purpose of this plan and
associated report shall be to characterize the source term quality of all tailings cell
wastewaters, including, but not limited to: impounded wastewaters or process waters in
the tailings cells, and wastewater or leachates collected by internal slimes drains' Said
plan shall include, but is not limited to:
a) Collection of samples from each wastewater source at each tailings cell, including
wastewater impoundments, slimes drains, etc'
b) Complete analYsis
and all detectable
for both field and laboratory parameters required by Part I.E.1(d),
volatile organic contaminants by EPA Method 82608'
c) Detailed description of all sampling methods and sample preservation techniques to
be emploYed.
d) Use of standardized analytical methods'
e) Analysis by a State of Utah certified environmental laboratory'
0 30 day advance notice of each annual sampling event to allow the Executive Secretary
to collect split samples of all tailings cell wastewater sources'
If after review of the plan, the Executive Secretary determines that additional information
is required, the Permiitee shall provide all requested information, resolve all issues
identified, and re-submit the plan for Executive Secretary review and approval within a
timeframe approved by the Eiecutive Secretary. After approval of the plan' the Permittee
shall implement the piun purruunt to the requirements of Parts I'E'10 and I'F'9' After
upprorui of this plan, the Executive Secretary may re-open and modify this Permit to
29
Part I
Permit No. UGW370004
6.
incorporate the provisions of the approved plan'
Monitoring Well Remedial Action
2008 the Permittee shall comPlete
monitoring wells at the facilitY:
and Report - on or before D€€€ffib€r3+,40e7' May 1'
the following remedial activities for selected
Well Development - the Permittee shall develop the following wells at the-facility so
that they produce clear groundwater, including wells: Mw-5, N{w-l1, Mw-18, Mw-
lg, MW_20 ,NNV_22,uia rw+-t6. Said well development will ensure that
groundwaterclarityconformstotheEPARCRATEGDrequirementsfoundinPart
i.f .+(.) of this Permit to the extent reasonably achievable'
Protective Surface Casing: MW-3A - he Permittee
shall install a steel surface casing to protect the currently exposed PVC well casing at
well MW-3A in order to:
1) Allow ready water level measurement at the well'
2)Notinterfereordisturbtheexistingwaterlevelmeasuringpoint,and
3) Provide security and control access to the well'
c) Report - the Permittee shall submit a report for
Executive S".r"tury approval that documents well development and completion
activities required by Part I'H'6(a) and (b) of this Permit'
T.MonitoringWellMW-3Verification,Retrofit,orReconstructionReport_ThePermittee
must:
l) complete well MW-3A with a permanent surface well completion according
toEPARCRATEGD,andPartI.H.6(b)ofthisPermit'and
21 MW-3A wil++e+u+veYed bY
a State of Utah licensed ",,g,** land surveyor to meet requirements of
Part I.F.6(b)(5) of the Permit, including horizontal coordinates (state plan)
and the elevation of both the ground surface and the water level measuring
,o1nr. und .,,o,t th. ,.,ult, th"," of in u..o'dun." *ith Pu,t I.H.6(.).
In the event that the Executive secretary determines the MW-3 well screen has been
inadequately constructed, the Permittee shall replace monitoring well MW-3 with well
VfW-je within 30 days of written notice'
8. White Mesa seeps and Springs sampling work Plan and Report - the Permittee shall
implement a ptan of groundwut"r ru*ptilng and analysis of all seeps and springs found
downgradient or lateial gradient f.omih" Iailings cells on White Mesa' Said plan shall
include, but is not limited to:
Location of all seeps and springs to be sampled, including maps and surveyed
coordinates (physical location, and elevation)'
Detailed description of sampling methods and equipment'
a)
b)
a)
b)
c)or measurements that will be made,
30
Determination of field parameters
Part I
Permit No. UGW370004
d) Description of sample preservation methods,
e) Determination of the laboratory analyical methods and the environmental laboratory
that will Perform the analYsis.
0 Sampling and analysis of all ground water compliance parameters found on Table 2 of
this permit, including analysis of volatile and semi-volatile organic compounds by
EPA SW-846 methods 8260 and8270'
If after review of the plan, the Executive Secretary determines that additional information
is required, the Permittee shall provide all requested information, resolve all issues
identified, and re-submit the plan for Executive Secretary review and approval within a
timeframe approved by the Executive Secretary. Immediately after approval of the plan,
the Permittee shall complete said sampling and analysis, and submit a report for
Executive Secretary approval. Said report shall: 1) document the sampling project, 2)
transmit copies of all field measurements and laboratory results, 3) provide a water table
contour map that includes water table elevations of all the wells at the facility and the
elevations of the phreatic surfaces observed at each of the seeps and springs sampled, and
4) provide an evaluation and interpretation of the groundwater quality data collected' The
permittee shall also provide at least 15 days notice to allow the Executive Secretary to
collect split groundwater quality samples of the seeps and springs'
g. On-site Chemicals Inventory Report - the Permittee shall complete a historical review,
and conduct an inventory of all chemical compounds or reagents stored, used, or currently
in use at the facility. Said report shall include:
a) Identification of all chemicals used in the milling and milling related processes at
White Mesa.
b) Determination of the total volumes currently in use and historically used, as data is
available
At the time of Permit renewal, the Permittee shall submit an updated inventory report
pursuant to Part I.F.8'
10. Infiltration and Contaminant Transport Modeling Work Plan and Report - the Permittee
shall submit for Executive Secretary approval an infiltration and contaminant transport
modeling report that demonstrates the long-term ability of the tailings cells cover system
to adequately contain and control tailings contaminants and protect nearby groundwater
quality of the uppermost aquifer. Said report shall demonstrate how the tailings cell
engineering design and specifications will comply with the minimum performance
,.q",i..-",1sofFartI.D.6ofthisPermithePermittee
shall submit an infiltration and contaminant modeling for Executive Secretary approval,
that:
a) Identifies all applicable and pertinent historic studies and modeling reports relevant to
tailings cell cover design and tailings cell system performance.
b) Determines and justifies all information necessary for infiltration and contaminant
transport modeling, including but not limited to representative input values for vadose
zone and aquifer soil-water partitioning (K6) coefficients, tailings source term
concentrations, tailings waste leach rates, vadose zone and aquifer groundwater
3l
c)
d)
e)
Part I
Permit No. UGW370004
velocities, vadose zone and aquifer dispersivity, contaminant half-life or other rates of
decay, etc. In the event that any required information is not currently available, the
Permittee may select conservative assumptions for use in the required infiltration and
contaminant transPort models.
Identifies and adequately describes all computer models used to simulate long-term
performance of ttre tailings cells cover system. All predictive models used shall be
publicly available .o*pui", codes that adequately represent field characteristics and
physical processes at the tailings disposal site. Said description will also include
specific information on model design, including, but not limited to: governing
equations and their applicability to tit" conditions, grid design, duration of simulation'
and selection of time steps'
Determines the conceptual model used and justifies why it is representative or
conservative of actuaifield conditions at the site. Said conceptual model will identify
the physical domain(s) and geometries simulated including the tailings cell design and
construction, all boundury uia initial conditions assigned in the model(s), and the
shallow aquifer locations where future potential contaminant concentrations have
been predicted.
Justifies how the infiltration and contaminant transport problem has been adequately
conceptualized, planned, and executed to demonstrate compliance with the
requirements of Part I.D.6 of this Permit'
0 Provides, describes and justifies the following:
1) Model Results - including electronic input and output files from all infiltration'
groundwater flow and contaminant transport models used the report'
2) Model calibration - including description of results and efforts used to
demonstrate how the model adequately reproduced field measured heads' flows'
and contaminant concentrations'
Steady State Conditions - including a demonstration that the models achieved a
steaOy state condition during the simulation. This includes, but is not limited to
disclosure, evaluation and justification of water and mass balance error values
reported by the models.
Sensitivity Analyses -including description of various model simulations run and
evaluated to define the range oi model uncertainty' Such uncertainty includes' but
is not limited to: boundary and initial conditions, model input values, and spatial
and temporal distribution of model parameters used in the problem domain'
Post-model Audit Plan - including plans to revisit the modeling effort at some
future time to re-assess its ability to represent site characteristics and predict long-
term performance of tailings cell design and construction, and groundwater
protection.
3)
4)
s)
The Permittee shall complete all modeling in accordance with the requirements of Part
I.H.10 and submit a finai leport for Executive Secretary approval' In the final report' the
permittee may includ" ,rppl"*"ntal information to justify modification of certain Permit
requirements, including, urt not limited to: the number and types of groundwater
compliance monitoriniparameters, tailings cell cover system engineering design and
32
construction specificati ons,
inf ion within
Part I
Permit No. UGW370004
requirements, etc' In the event the
ittee will provide
Ex -Upon
health and the environment'
11. Plan for Evaluation of Deep supply well ww-2 -the purpose of this plan is to evaluate
the annular casing seal in water supply well WW-2, and to ensure adequate well casing
andannularseals,incompliancewiththeregulationsoftheUtahStateEngineer(UAC
R655-4-9), with special anphasis on creating both a physical barrier and hydraulic
isolation betweenlhe shallow unconfined and the deep confined aquifers' Prior to
Executive Secreiary approval of this plan the Permittee shall resolve all issues within a
timeframe approved by the Executive Secretary' After Executive Secretary approval of
theplan,thePermitteeshallcompletelyexecuteallprovisionsoftheplanonorbefore
decommissioning of the White Mesa mill'
12.LinerMaintenance provisions - within g0-days of issuance of this permit, the Permittee
shall submit Liner Maintenance Provisions to be incorporated into the existing DMT
Monitoring Plan for Executive Secretary approval' The purpose of said provisions shall
befortheequipment,material,trainingandprocedurestobeusedforthetimelydetection
ofanyopeningsinthepolymerliners,"andthereliablerepairandqualityassurancetesting
of any such repairs to t^he iolymer liners for Cells 1,2 and 3 and the Roberts Pond'
13 <Reserved>
14. < Reserved >
15. Contingency PIan - within 180 days of issuance of this Permit' the Permittee shall
implement a contingency Plan that provides a detailed list of actions the Permittee will
take to regain compliance with Permit limits and DMT or BAT requirements defined in
Parts LC and LD oi this Permit. At a minimum, the Contingency Plan will include' but is
not limited to measures to resolve the following general categories of non-compliance:
a) Groundwater contamination - as shown by any contaminant concentrations in
compliance monitoring wells that exceed their respective groundwater compliance
limit found in Part I'C'1 and Table 2 of this Permit'
includingunauthorizeddischargeorreleaseofprohibited
cells, pursuant to Partl.C.Z and I'C'3; and
i n and contaminant transport report' the
^+ -,.Lti ^
Reclamation Plan *uyi" modified to accommodate necessary changes to protect public
b) Mill Discharge Violations -
contaminants to the tailings
c) DMT and BAT Violations - which include several types of non-compliance'
including but not limited to:
1) Excess tailings cell wastewater pool elevation above the maximum elevations
mandated bY Part I.D'3;
2) Excess head in the Tailings Cells 2 and3 slimes drain system' pursuant to Part
I.D.3andasdefinedbytlreDMTMonitoringPlaninPartI.H.13;and
3) Excess elevation for tailings solids as required by Part I'D'3'
-1J
Part I
Permit No. UGW370004
If after review of the plan, the Executive secretary determines that additional information
is required, the Permittee shall provide all requested information' resolve all issues
identified,andre-submittheplanforExecutiveSecretaryreviewandapprovalwithina
timeframe approved by the Executive Secretary'
16. Revised stormwater Best Management Practices Plan - on or before Deeember++;
ggg+Mly rs-zoa8, the Permittee shall submit for Executive Secretary review and
approval, a revlsed stormwater Best Management Practices Plan to address the effects of
Tailings cell 4A construction and operation. Said plan shall comply with the
requirements of part I.D.10 of this permit. Upon Executive Secretary approval, the
Permitteeistoimmediatelyimplementallprovisionsofsuchplans.
17. <Reserved>
18. Repair of Monitor well MW-5 - on or before p"eemue+++gg+; May 1' 2008' the
permittee shall submit an As-Built report to document said repairs for Executive
Secretary review and aPProval'
Plan. - the Permittee will submit
19. Cell 4A BAT Monitoring, Operations and Maintenance
.r 'r\rninrana-nc Plan for Cell 4A fOf El
b.
VE
approval.'Commencement of wastewater or tailings
f i, piJr,, ui " J w i th out p., o, *i tt"l :rylr.i*ffi_,:::: :i,*,", :;'J;",#; ';;fti;, shalt rncrude requirements in part F.3 of the permit and include, bur
is not limited to the following:
a.operation and Maintenance Procedures - including operational sequences'
oirrporting methods, equipment operation / maintenance, safety and emergency
procedures,
operation,Maintenance,Monitoring,andRecordkeeping_forevaluationofthe
following in accordance with the requirements of Parts I'D'6' I'E'8' and I'F'8:
i. Leak detection system - including operational status of equipment' daily
wastewater head, daily flow rates' etc'
i. Slimes drainage system - including operational status of equipment' daily flow
rates, monthly wastewater recovery head monitoring' etc'
c. Freeboard limits on dikes - including monitoring and proper management and volume
inventorycontrolstopleventreleaseofwastewatertotheenvironment.
20.<Reserved -@
zgg+ QAP-+'
++=t{eX$=
21.-Feedstock Material Stored Outside the Feedstock Storage Area Management PIan -
within30daysofissuanceofthisPermitthePermitteeshallsubmitforExecutive
Secretary review and approval a management plan for the feedstock material stored
outside the feedstock ore storage areai
,,. oo, *",,,,on - o, o, b"fo," A,.il 30. 2008 .h" P"*i.."" 'hull *odif,,h" oAP und
34
Part I
Permit No. UGW370004
35
C.
D.
E.
F.
Part tr
Permit No. UGW370004
PART tr. REPORTING REQUIREMENTS
A. RrpnrsENTATrvE Salrplnqc. Sampres taken in compliance with the monitoring requirements
established under Part I shall be representative of the monitored activity'
B. ANer-yTrCAL PROCEDLIRES. water sample analysis must be conducted according to test
procedures specified underuAc R317-6-6.3.12 unless othertestprocedures have been specified
this permit.
prNelrms ron Tmr,pgnwc. The Act provides that any person who falsifies' tampers with' or
knowingly renders inaccurate, any monitoring device oi method required to be maintained under
this permit shall, upon conviction, be punishJd by a fine of not more than $ 10'000 per violation'
orbyimprisonmentfornotmorethansixmonthsperviolation,orbyboth.
RgpoRrnqc oF M.NTTORTNG RESULTS. Monitoring resurts obtained during reporting periods
specified in the permit, shall be submitted to the Eiecutive Secretary, Utah Division of water
Quality at the following address no later than the date specified following the completed
reporting Period:
Attention: Compliance and Monitoring Program
State of Utah
Division of Water QualitY
Department of Environmental Quality
Salt Lake city, Utah 84114-4870
The quarterly due dates ior reporting are: June 1, September 1, December 1' and March 1'
COlplnNCe SCmpUt-rS. Reports of compliance or noncompliance with' 9r any progress
reportsoninterimandfinalr.qrir"."rtr.o,tuin"dinanycompliancescheduleofthispermit
shall be submitted no later tt,un t+ days following each schedule date'
ApptrtoNel-MoNnonuqcBYTHEPgnmrrge.Ifthepermitteemonitorsanypollutantmore
frequently than required by this pelnit, using approved test procedures as specified in this
permit, the results orrr,i, monitoring ,trait u" in.tuo"a in the calculation and reporting of the data
submitted. Such increased frequency shall also be indicated'
G. RrconPs CoNrex-rs.
l. Records of monitoring information shall include:
a) The date, exact place, and time of sampling, observations, or measurements:
b) The individual(s) who performed the sampling, observations' or measurements;
c) The date(s) and time(s) analyses were performed;
d)Thenameofthecerlifiedlaboratorywhichperformedtheanalyses;
e) The analytical techniques or methods used; and'
0 The results of such analYses'
H. RrreNrroN oF RecoRps. The permittee shall retain records of ail monitoring information,
36
Part tr
Permit No. UGW370004
including a, caribration and maintenance records and copies of arl reports required by this
permit, and records of all data rr"d to .o'nplete the application for this permit' for a period of at
least five years from the date of the sample, measurement, report or application' This period may
be extended by request of the Executive Secretary at any time'
I. Noncn or NoNcotmreNcr RrpoRrwc'
l. The permittee shall verbally report any noncompliance which may endanger public health or
the environment as soon as possibre, tut no later than 24 hours from the time the permittee
first became aware of the circumstances. The report shall be made to the utah Department of
EnvironmentalQuality24hournumber,[phone],ortotheDivisionofWaterQuality,
Ground water protection Section at (s0li 538-6146 during normal business hours (8:00 am
- 5:00 Pm Mountain Time)'
alsobeprovidedtotheExecutiveSecretarywithinfivedaysof
becomei aware of the circumstances' The written submission2. A written submission shall
the time that the Permittee
shall contain:
a) A description of the noncompliance and its cause;
b) The period of noncomPliance,including exact dates and times;
c) The estimated time noncompliance
and,
is expected to continue if it has not been corrected;
d) Steps taken or Planned
noncomPliance.
to reduce, eliminate, and prevent reoccurrence of the
3. Reports shall be submitted to the addresses in Part II'D, Reporting of Monitoring Results'
J. ormn NoNcole,ANCE RrponrNc. Instances of noncompliance not reqYred to be reported
within 5 days, shall be reported at the time that monitoring ieports for Part II'D are submitted'
K. INspscuoN AND ENrny. The permittee shall allow the Executive Secretary, or an authorized
representative, upon the presentation of credentials and other documents as may be required by
law, to:
1. Enter upon the Permittee's premises
conducted, or where records must be
2. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this Permit;
3.Inspectatreasonabletimesanyfacilities,equipment(includingmonitoringandcontrol
equipment), practices, or operations regulated oi r"quired under this permit; and'
4. Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as
otherwise authorized by the Act, any substances or palameters at any location'
where a regulated facility or activity is located or
kept under the conditions of the permit;
37
Part Itr
Permit No. UGW370004
PART M. COMPLIANCE RESPONSIBILITIES
A. Dury ro cOMpLy. The permittee must comply with all conditions of this permit. Any permit
noncompliance constituies a violation of the Act and is grounds for enforcement action; for
permit termination, revocation and re-issuance, or modification; or for denial of a permit renewal
application. The permittee shall give advance notice to the Executive Secretary of the Division
of water Quality ir uny planned.hurg., in the permitted facirity or activity which may result in
noncompliance with permit requirements'
PrNaI-rms FOR VIOLATIONS OF PERMIT CONomONS' The Act provides that.any person who
violates a permit condition implementing provisions of the Act is subject to a civil penalty not to
exceed $10,000 per day of such violati"on. Any person who willfully or negligently violates
permit conditions is suLject to a fine not exceeding $25,000 per day of violation' Any person
convicted under Section 19-5-115 of the Act a second time shall be punished by a fine not
exceeding $50,000 per day. Nothing in this permit shall be construed to relieve the permittee of
the civil or criminal penalties for noncompliance'
Ngeo ro HALT OR REDUC' ACrryrry Nor A DEFENSE. It shalr not be a defense for a permittee in
an enforcement action that it would have been necessary to halt or reduce the permitted activity
in order to maintain compliance with the conditions of this permit'
B.
C.
D. Durv ro MITIGATe. The permittee shall take all
discharge in violation of this permit which has a
human health or the environment'
E. pRopBn op'RenoN AND MAINTENANCE. The permittee shall at all times properly operate and
';ffir;il;,r*, and systems of treatment and control (and related appurrenances) which are
-f ]L: ^ -^*:+
insta,ed or used by the permittee to achieve compriance with the conditions of this permit.
^ ^-l ^,,^li+',;rdil;;r;;;;; ;;i;"nance also includes adequate laboratory controls and qualitv
,rL^^r- ,,- ^- ^,.-;lio^rfanilitiec nr#ffi..;;;;;.. This provision requires the operation of back-up or auxiliaryfacilities or
similar systems which are installed by a permittee only when the operation is necessary to
achieve compliance with the conditions of the permit'
reasonable steps to minimize or prevent any
reasonable likelihood of adversely affecting
38
PART IV. GENERAL REQLIIREMENTS
A. Pl-exr'reo CueNcrs. The permittee shall give notice t" ln"-:]:tyl::":::ll?
po s sible of any pl.;r; ;hv'i c al. alterat' "t :1, i1*ll:::,i"^*: :""fl'ltll, i3"jl' lil;idffi inl;i#;i;;il or addition could significantlv change the nature of the
Part IV
Permit No. UGW370004
as soon as
Notice is
facility or
it after
submitted to the
B.
increase the quantity of pollutants discharged'
ANrcrperen NoNcolpnANCE. The permittee shall give advance notice of any planned changes
in the permitted raciiity or activity which may result in noncompliance with permit requirements'
PERMITAClONs.Thispermitmaybemodified,revokedandreissued'orterminatedforcause'
The filing or u.rqu"rity,n" p"..itt." for a permit modification, revocation and re-issuance' or
termination, or a notification of planned changes or anticipated noncompliance' does not stay any
permit condition'
C.
D.DuryroRneppLy.IfthepermitteewishestocontinueanactivityregulatedbvthiYT]t
il: i,*nl,,;ffi .# ; tr,i,'p"'*it, tl" n"Tltt:' T": iltl' l::?::,::t1':.":"L 3ffi 1,'n'ffi#ffi;;;;" submitted ar least 180 days before the expiration date of this permit.
E. Dury ro pRovDE INF.RMATIoN. The permittee shall furnish to the Executive Secretary, within
a reasonable time, any information wirich the Executive Secretary may request to determine
whether cause exists for modifying, revoking and reissuing' or terminating this permit' or to
determine compriance with this permit. Th1 permittee shall also furnish to the Executive
Secretary,upo,,"q*St,copiesofrecordsrequiredtobekeptbythispermit'
F. Ormn INFORMATTON. when the permittee becomes aware that it faired to submit any relevant
facts in a permit application, or submitted incorrect information in a permit application or any
report to the n*".uiir" Secretary, it shall promptly submit such facts or information'
G. SrcNeronyRrQurnrwNrs. All applications, reports orinformation submittedtotheExecutive
Secretary shall be signed and certified'
1. All permit applications shall be signed as follows:
a) For a corporation: by a responsible corporate officer;
b) For a partnership or sole proprietorship: by a general partner or the proprietor'
resPectivelY'
c) For a municipality, State, Federal, or othef public agency: by either a principal executive
officer or ranking elected official'
2. All reports required bv the permit and other information t::::::1Yff"::":""1t1#:::1t:l?
;:,1"ffi;#oli r"rron described above or by a duly aurhorized represenrative of that
;;;;", R!".ron is a outy authorized representative only if:
a)Theauthorizationismadeinwritingbyapersondescribedaboveand
Executive SecretarY, and,
b)Theaurhorizationspecifiedeitherlrjrli:idrarorlryfltionhavingresponsibilityforthe
overall operation or ,r,. regulated facility or activity, such as the position of plant
39
Part tV
Permit No. UGW370004
manager, operator of a well or a well field' superintendent'"Ht'::":*:*Hl"'?:l
,".p"i.iiruir,;; an individual or position having overall responsrbrltty
-o-+aoanf qfi rre rnev thl
ibilitv for
:;ffiffi'# ,riuu"., for the company. (e auty authorized represenrative may thus be
either a named inoividual or any inalviaud occupying a named position.)
3. changes to Authorization. If an authoizatton under Part IV'G'2' is no longer accurate
because a different individual or position has responsibility for the overall operation of the
facility,anewauthorizationsatisfyingtherequirernentsofPartlV.G.2mustbesubmittedto
the Executive Secretary prior to oi toletner with any reports, information, or applications to
be signed by an authorized representative'
4. certification. Any person signing a document under this section shall make the following
certification:
,,I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualifiedpersonnelproperlygatherandevaluatetheinformationsubmitted.Basedonmy
inquiry of the person or persons who manage the system' or thgse persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties'for submitting false information, including the possibility of fine and
imprisonment for knowing violations' "
H. prNerrms FoRFer_s,ceuoN oFREponrs. The Act provides that any person who knowingly
makes any false statement, representation, or certifiiation in any record or other document
submitted or required to be maintained under this permit, including monitoring reports or reports
of compliar." o, nor.ompliance ,t uti, upon conviction.be punished by a fine of not more than
$10,000 per violation, or by imprisonmeni for not more than six months per violation' or by both'
I. Avanesu_rry oF RE,,RTS. Except for data determined to be confidential by the permittee, all
Ieportspreparedinaccordancewiththetermsofthispermitshallbeavailableforpublic
inspection at the offices of the Executive secretary. As required by the Act, permit applications'
permits, effluent data, and ground *ut"' quality aata strati not be considered confidential'
PRoprRty Rlcuts. The issuance of this permit does not convey any property rights of any sort,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, no. uffii"ngement of federal, state or local laws or regulations'
SBvrRenu-try.Theprovisionsofthispermitareseverab]e,andifanyprovisionofthispermit,
or the application oi uny provision oi this permit to an)i circumstance' is held invalid' the
applicationofsuchprorlriortoothercircumstances'andtheremainderofthispermit'shallnot
be affected therebY.
L. TReNSFSRS. This permit may be automatically transferred to a new permittee if:
1. The current permittee notifies the Executive secretary at least 30 days in advance of the
proPosed transfer date;
2, The notice includes a written agreement between the existing and new permittee containing a
40
J.
K.
specificdatefortransferofpermitresponsibility,coverage'andliabilitybetweenthem;and'
3.TheExecutiveSecretarydoesnotnotifytheexistingpermitteeandtheproposednew
permittee of his or her intent to modify, orievoke and reissue the permit' If this notice is not
received,thetransferiseffecti,"o,thedatespecifiedintheagreementmentionedin
ParagraPh 2above'
M. Srerr LAWS. Nothing in this permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities, liabilities, penalties established pursuant
to any applicable state law or regulatitn ,nd", authority preserved by Section 19-5-115 of the
Act.
N. Rsopexsn PROVISIONS. This permit may be reopened and
administrativeprocedures)toinc]udetheappropriatelimitations
necessary, if one or more of the following events occurs:
1. If new ground water standards are adopted by the Board' the permit may be reopened and
modified to extend the terms of the permit or to include pollutants covered by new standards'
ThepermitteemayapplyforavarianceundertheconditionsoutlinedinR3lT-6-6.4(D).
z. changes have been determined in background ground water quality.
3. The Executive Secretary determines permit modification is necessary to protect human health
or the environment'
Part IV
Permit No. UGW370004
modified (following Proper
and compliance schedule, if
4t