DRC-2008-002463 - 0901a06880a3d6bd

roN la.lrsMAN.rR.
Goventor
GARY HERBERT
Lieutctnnt Goventor
Department of
Environmental Quality
Richard W. Sprott
Executive Director
DIVISION OF RADIATION
CONTROL
Dane L. Finerfrock
Direoor
May 2,2008
David C. Frydenlund
Vice President and General Counsel
1050 Seventeenth Street, Suite 950
Denver, CO 80265
October 12,2007 Draft Contingency Plan for Denison
Required Under Parr I.H.16 of State of Urah GWDP
Approval
Mines Corporation (DMC), as
#UGW370004: Conditional
Dear Mr. Frydenlund,
We have received and reviewed the October 12,2OO7 Draft Contingency Plan. We approve the
Contingency Plan with the following conditions:
1. Submit a final version of the contingency plan for DRC records.2- Submit a draft update for the Contingency Plan for approval prior to placing Cell 44 into
operation.
If you have any questions, please contact John cook at [phone].
UTAH RADIATION CONTROL BOARD
DF/JPC: jc
F:\FACILITIES\DENISON - WHITE MESA\Contingency Plan\2007-10-10 Contingency Plan\2008-05-02 Contingency plan cond app - final.doc
168 Norrh 1950 Wesr. PO Box 144850. Salr take City, UT 841 l4-4850. phone (801) 536_4250. fax (80t) 533_4097
T.D.D. (80I ) 536-4414. u,llw.deq.utah.gov
, Executive Secretary
State of Utah
Department of
Environmental Quality
Richard W. Sprott
Executive Directrn'
DIVISION OF RADIATION
CONTROL
Dane L. Finerfrock
Director
TO:
FROM:
DATE:
roN M. ,-ll.*o*, r*.
Goventor
GARY HERBERT
Lieutenant Governor
Loren Morton
MEMORANDUM
Johnathan P. Cook, P.E i/rfr-/A
February 29,2008
Evaluation of the October 12,2007 Draft Contingency Plan for Denison Mines, as
Required Under Part I.H.16 of State of Utah GWDP #UGW370004
I have reviewed the October lO, 2007 Draft Contingency Plan submitted for DRC review by
Denison Mines.
They have adequately addressed most of the concerns expressed in my September 5,2007 letter.
There are still two areas that you should be aware of.
l. Section 3.3.d) (groundwater contamination) I requested a detailed list of actions. Denison
Mines responded:
" Section j.4 of the Plan addresses the types of actions that will be taken (i.e. the submittal
of a Groundwater Remediation Plan). Section 3.4 describes, the types of actions that will
be taken, in general teftns. As the type of remediation will depend on the specific
circumstances, it is not possible to be any more specific than as already set out in Section
3.4.
In order to better tie Section 3.3 into Section 3.4, we have added the following sentence to
the end of Section 3.3(d):
If groundwater remediation is required, Denison will prepare and submit to the
Executive Secretary a Ground Water Remediation Plan, as described in Section 3.4
below."
I was hoping for more specificity than this, but it is adequate
168 North 1950 West. PO Box 144850. Salt Lake City, UT 841 l4-4850. phone [phone]. fax [phone]
T.D.D. (801 ) 536-441 4 . www.derl.utalt gov
Page2
2. I requested that since the Cell 4A retrofit has been approved, both DMT and BAT
standards apply to the Mill site. Please revise accordingly. Denison Mines responded:
"The Mill's DMT Plan is currently in the process of being revised to include Cell4A. It is
therefore premature at this time to revise the Contingency Plan to incorporate DMT for
Cell 4A. Once the revised DMT Plan has been approved by the Executive Secretary,
Denison will revise the Contingency Plan accordingly and will submit the revised
Contingency Plan to the Executive Secretary for approval"
This is acceptable. I propose we write the approval of the Contingency Plan as
"Conditional". It should be conditioned on the need to have the Contingency Plan revised
prior to operating Cell 4,A'.
F:\FACILITIES\DENISON - WHITE MESA\Contingency Plang007-10-10 Contingency PIan\2008-02-29 Memo Contigency Plan review.doc
itu)
9-,:!!roN M. nt*o^. r*, Govenutr
GARY HERI]ERT
Li(ukilanl Gorcnntr
State of Utah
Department of
Environmental Quality
Richard W. Sprott
Exccutive Direcurr
DIVISION OF RADIATION
CONTROL
Dane L. Fincrfrock
Dirccun'
September 5,2007
David C. Frydenlund
Vice President and General Counsel
I050 Seventeenth Strcet, Suite 950
Denver, CO 80265
Subject: April 7, 2006 Draft Contingency Plan for Denison Mines Corporation (DMC), as
Required Under Pan I.H..l6 of State of Utah GWDP #UGW37OOO4: Request for
Revision and Resubmital.
Dear Mr. Frydenlund,
We have received and reviewed the April 7, 2006 Draft Contingency Plan submirted by then
Intemational Uranium (USA) Corporation (IUSA). We have several concerns that we would like
to lrave addressed. Please revise the plan to resolve the issues in the Attached Table l.
The DRC also had the following general commenls that need to be resolved:
l. The ownership of the rnill has changed since the April 7,2006. Please revise Lhe
contingency plan accordingl y.
2. Now that the Cell 4,{ retrofit has been approved, both DMT and BAT standards apply to
the mill sitc. Please revise the contingency plan accordingly.
Sincerely,
tr?/tai'-7U'/-
Johnathan P. Cook, P.E.
Divisron of Radiation Control
Enclosure
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GARY HERBERT
Lieutenant Covernor
State of Utah
Department of
Environmental Quality
Richard W. Sprott
Executive Diredor
DTVISION OF RADIATION
CONTROL
Dane L. Finerfrock
Direclor
TO:
FROM:
DATE:
MEMORANDUM
Loren Morton
Johnathan P. Cook, P.E fn&@
August L4,2007
SLIBJECT: Evaluation of the April 7, 2006 Draft Contingency Plan for Denison Mines,
Required Under Part I.H.16 of State of Utah GWDP #UGW370004
I have reviewed the April 7 ,2006 Draft Contingency Plan submitted for DRC review by Denison
Mines, then International Uranium Corporation (IUSA). I have combined comments made by
both myself and David Rupp, see the attached table.
It seems for the most part, they have simply repeated the requirements of the Groundwater Permit
and have decided to leave the details until they have an incident. Section 3, "Groundwater
Contaimination" states this clearly with the following statement:
"Since there are matry dffirent possible scenarios that could potentially give rise to
groundwater contamination, and since the development and implementation of a
remediation program will normally be specific to each particular scenario, this Plan does
not outline a definitive remediation program. Rather, this Plan describes the steps that
will be followed by IUSA in the event IUSA is found to be out of compliance with respect to
any constituent in any monitoring well, pursuant to Part 1.G.2 of the GWDP."
If, at this time, we need a list of specific actions which they will take, they will have to make
major revisions to the Contingency Plan.
F:\FACILITIES\lUC - WHITE MESA\Contingency PlanV006-04-07 Contingency PlanV007-08-15 Memo Contigency Plan review.doc
168 North 1950 west . PO Box 144850. Salt lake Ciry, UT 841 l4-4850. phone [phone]. fax [phone]
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INES
Re: October 12,2OO7 Draft Contingency Plan for Denison Mines (USA) Corporation, as Required Under
Part 1.H.16 of State of Utah GWDP No. UGW370004: Conditional Approval
As requested, please find enclosed a draft revised Contingency Plan for your review.
The draft includes revisions to incorporate the recent changes to the White Mesa Mill's Groundwater Discharge
Permit relating to Cell 4A, as well as some minor clean-up changes resulting from other changes to the Permit.
lf you have any questions or require any further information, please contact the undersigned.
Yours very truly,
DeursoH
,t,
DENI
August 8, 2008
VIA PDF AND FEDEX
Mr. Dane L. Finerfrock
Executive Secretary
Utah Radiation Control Board
State of Utah Department of Environmental Quality
168 North 1950 West
Salt Lake City, UT 84114-4850
Dear Mr. Finerfrock:
Oenison Mines (USA) Corp,
1050 17th Street, Suite 950
Denver, CO 80265
USA
Tel i 303 62&7798
Fax : 303 38$4125
www.denisonmines.com
frz
1;;'1'{
i,ir rl tiil; fili,.-r,. ,,,. .I r,nir-.1,ultittit
(USA) Conp.
De0id c. F
Vice President, Regulatory Affairs and Counsel
Ron F. Hochstein
Harold R. Roberts
Steven D. Landau
David E. Turk
White Mesa Mill - Stand?
Oneratins Procedures
DU/08 Revision:DUSA-I
Book # l9-Groundwater
Discharge Permit Plans and
Procedures
Paee 1 of 13
WHITE MESA URANIUM MILL
CONTINGENCY PLAN
As Required Under Part I.H.165
of
State of Utah Groundwater Discharge Permit No.UGW37OOO4
Prepared by:
Denison Mines (USA) Corp.
1050 17th Street, Suite 950
Denver CO 80265
@,200+g
Book# 19-Groundwater
Discharge Permit Plans and
Paee 2 !lL!3
Page
No.
aJ1.
TABLE OF CONTENTS
INTRODUCTION
PURPOSE
GROUNDWATER CONTAMINATION
Notification
Continuation of Accelerated Monitoring
Submission of Plan and Timetable
Groundwater Remediation Plan
4. IVIILLDISCHARGEVIOLATIONS.INCLUDING
UNAUTHORIZED DISCHARGE OR RELEASE OF PROHIBITED
CONTAMINANTS TO THE TAILING CELLS4.1. Notifications
4.2. Field Activities4.3. Request for Approvals and/or Waivers
5. DMT VIOLATIONS
5.1. Tailings Cell Wastewater Pool Elevation Above the Maximum
Elevations
5.2. Excess Head in Tailings Cells 2 and 3 Slimes Drain Systems5.3. Excess Cell4A Leak Detection Fluid Head or Dailv Leak Rate
5*5.4. Excess Elevation For Tailings Solids
$45.5. Roberts Pond Wastewater Elevation
555.6. Feedstock Storage Area
#5.7. Mill Site Chemical Reagent Storage
5#5.8. Failure to Construct as per Approval
$.&5.9. Failure to Comply with Stormwater Management and Spill Control
Requirements
J
4
4
4
5
6
6
6
7
7
8
2
98l!9
10e
ue
rz+
1Z+
White MesaMill- StandU
Oneratins Procedures
DU/08 Revision: DUSA-I
Book# 19-Groundwater
Discharge Permit Plans and
Procedures
Page 3 of 13
WHITE MESA URANIUM IVIIL
CONTINGENCY PLAN
State of Utah Groundwater Discharge Permit
No. UGW370004
1. INTRODUCTION
The State of Utah has granted Ground Water Discharge Permit No. UGW370004 (the
"GWDP") for Denison Mines (USA) Corp.'s ("Denison's") White Mesa Uranium Mill
(the "Mill"). The GWDP specifies the construction, operation, and monitoring
requirements for all facilities at the Mill that have a potential to discharge pollutants
directly or indirectly into groundwater.
)PURPOSE
This Contingency Plan (the "Plan") provides a detailed list of actions Denison will take to
regain compliance with GWDP limits and Discharge Minimization Technology ("DMT")
requirements defined in Parts I.C and I.D of the GWDP. The timely execution of
contingency and corrective actions outlined in this Plan will provide Denison with the
basis to exercise the Affirmative Action Defense provision in Part I.G.3.c) of the GWDP
and thereby avoid noncompliance status and potential enforcement actionl.
The contingency actions required to regain compliance with GWDP limits and DMT
requirements deflned in Parts I.C and I.D of the GWDP are described below.
3. GROUNDWATER CONTAMINATION
Since there are many different possible scenarios that could potentially give rise to
groundwater contamination, and since the development and implementation of a
remediation program will normally be specific to each particular scenario, this Plan does
not outline a definitive remediation program. Rather, this Plan describes the steps that
will be followed by Denison in the event Denison is found to be out of compliance with
respect to any constituent in any monitoring well, pursuant to Part I.G.2 of the GWDP.
When the concentration of any parameter in a compliance monitoring well is out of
compliance, Denison will, subject to specific requirements of the Executive Secretary as
I Part I.G.3.c) of the GWDP provides that, in the event a compliance action is initiated against Denison for
violation of permit conditions relating to best available technology or DMT, Denison may affirmatively
defend against that action by demonstrating that it has made appropriate notifications, that the failure was
not intentional or caused by Denison's negligence, that Denison has taken adequate measures to meet
permit conditions in a timely manner or has submitted an adequate plan and schedule for meeting permit
conditions, and that the provisions ofUCA l9-5-107 have not been violated.
a
White Mesa Mill- Standil
Oneratins Procedures
DU/08 Revision: DUSA-l
Book# I9-Groundwater
Discharge Permit Plans and
Procedures
Pase 4 or[3
set forth in any notice, order, remediation plan or the equivalent, implement the following
process:
3.1. Notification
Denison will notify the Executive Secretary of the out of compiiance status within 24
hours after detection of that status followed by a written notice within 5 days after
detection, as required under Part I.G.4.a) of the GWDP.
3.2. Continuation of Accelerated Monitoring
Denison will continue accelerated sampling for the parameter in that compliance
monitoring well pursuant to Part I.G.1 of the GWDP, unless the Executive Secretary
determines that other periodic sampling is appropriate, until the facility is brought into
compliance, as required under Part I.G.4.b) of the GWDP.
If the accelerated monitoring demonstrates that the Mill is no longer out of compliance
with respect to a parameter in a well, then, with the written approval of the Executive
Secretary, Denison will cease accelerated monitoring for the parameter, and no further
steps will be followed by Denison with respect to such parameter.
3.3. Submission of Plan and Timetable
If the accelerated monitoring confirms that the Mill is out of compliance with respect to a
parameter in a well, then, within 30 days of such confirmation, Denison will prepare and
submit 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 ensure that
permit limits will not be exceeded at the compliance monitoring point and that DMT will
be reestablished, as required under part LG.4.c) of the GWDP. This plan will normally
include:
The requirement for Denison to prepare a detailed and comprehensive
operational history of the facility and surrounding areas which explores all
activities that may have contributed to the contamination;
A requirement for Denison to complete an evaluation, which may include
geochemical and hydrogeological analyses, to determine whether or not the
contamination was caused by Mill activities or was caused by natural forces or
offsite activities;
If it is concluded that the contamination is the result of current or past activities
at the Mill, Denison will prepare a Characterization Report, which characterizes
the physical, chemical, and radiological extent of the ground water
a)
b)
c)
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contamination. This will normally include a description of any additional wells
to be used or installed to characterize the plume and the hydrogeologic
characteristics of the affected zone, the analytical parameters to be obtained, the
samples of ground water to be taken, and any other means to measure and
characterize the affected ground water and contamination zone; and
d) If it is concluded that the contamination is the result of current or past activities
at the Mill, Denison will evaluate potential remedial actions, including actions to
restore and maintain groundwater quality to ensure that permit limits will not be
exceeded at the compliance monitoring point and that DMT will be reestablished,
as well as actions that merely allow natural attenuation to operate and actions that
involve applying for Alternate Concentration Limits ("ACLs"). If groundwater
remediation is required, Denison will prepare and submit to the Executive
Secretary a Ground Water Remediation Plan, as described in Section 3.4 below.
3.4. Groundwater Remediation Plan
If the Executive Secretary determines that ground water remediation is needed, Denison
will submit a Ground Water Remediation Plan to the Executive Secretary within the time
frame requested by the Executive Secretary. The Ground Water Remediation Plan will
normally include:
a) A description and schedule of how Denison will implement a corrective action
program that prevents contaminants from exceeding the ground water protection
levels or ACLs at the compliance monitoring point(s) or other locations approved
by the Executive Secretary, by removing the contaminants, treating them in
place, or by other means as approved by the Executive Secretary;
b) A description of the remediation monitoring program to demonstrate the
effectiveness ofthe plan; and
c) Descriptions of how corrective action will apply to each source of the pollution.
Denison will implement the Ground Water Remediation Plan in accordance with a
schedule to be submitted by Denison and approved by the Executive Secretary.
4. MILL DISCHARGE VIOLATIONS - INCLUDING UNAUTHORIZED
DISCHARGE OR RELEASE OF PROHIBITED CONTAMINANTS TO THE
TAILING CELLS
Part I.C.2. of the GWDP provides that only l1e.(2) by-product material authorized by the
Mill's State of Utah Radioactive Materials License No. UT-2300478 (the "Radioactive
Materials License") shall be discharged to or disposed of in the Mill's tailings cells.
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Part I.C.3 of the GWDP provides that discharge of other compounds into the Mill's
tailings cells, such as paints, used oil, antifreeze, pesticides, or any other contaminant not
defined as 11e.(2) material is prohibited.
In the event of any unauthorized disposal of contaminants or wastes (the "Unauthorized
Materials") to the Mill's tailings cells, Denison will, subject to any specific requirements
of the Executive Secretary as set forth in any notice, order, remediation plan or the
equivalent, implement the following process:
4.1. Notifications
a) Upon discovery, the Mill Manager or RSO will be notified immediately; and
b) Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification within five days of
discovery.
4.2. Field Activities
a) Upon discovery, Mill personnel will immediately cease placement of
Unauthorized Materials into the Mill's tailings cells;
b) To the extent reasonably practicable and in a manner that can be accomplished
safely, Mill personnel will attempt to segregate the Unauthorized Materials from
other tailings materials and mark or record the location of the Unauthorized
Materials in the tailings cells. If it is not reasonably practicable to safely
segregate the Unauthorized Material from other tailings materials, Mill personnel
will nevertheless mark or record the location of the Unauthorized Materials in the
tailings cells;
c) To the extent reasonably practicable and in a manner that can be accomplished
safely, Mill personnel will attempt to remove the Unauthorized Material from the
tailings cells; and
d) Denison will dispose of the Unauthorized Material under applicable State and
Federal regulations.
4.3. Request for Approvals and/or Waivers
If it is not reasonably practicable to safely remove the Unauthorized Materials from the
tailings cells, then Denison will:
a
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Submit a written report to the Executive Secretary analyzing the health, safety
and environmental impacts, if any, associated with the permanent disposal of the
Unauthorized Material in the Mill's tailings cells;
Apply to the Executive Secretary for any amendments that may be required to the
GWDP and the Radioactive Materials License to properly accommodate the
permanent disposal of the Unauthorized Material in the Mill's tailings cells in a
manner that is protective of health, safety and the environment; and
Make all applications required under the United States Nuclear Regulatory
Commission's ("NRC's") Non- 1 le.(2) Disposal Policy, including obtaining
approval of the Department of Energy as the long term custodian of the Mill's
tailings, in order to obtain approval to permanently dispose of the Unauthorized
Material in the Mill's tailings cells.
DMT VIOLATIONS
5.1. Tailings Cell Wastewater Pool Elevation Above the Maximum Elevations
Partl.D.Z and Part I.D.6.d) of the GWDP provides that authorized operation and
maximum disposal capacity in each of the existing tailings cells shall not exceed the
levels authorized by the Radioactive Materials License and that under no circumstances
shall the freeboard be less than three feet, as measured from the top of the flexible
membrane liner ("FML").
ln the event that tailings cell wastewater pool elevation in any tailings cell exceeds the
maximum elevations mandated by Part I.D.2 and Part I.D.6.d) of the GWDP, Denison
will, subject to any specific requirements of the Executive Secretary as set forth in any
notice, order, remediation plan or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) Denison will provide verbal notification to the F,xecutive Secretary within24
hours of discovery followed by a written notification within five days of
discovery;
c) Upon discovery, Mill personnel will cease to discharge any further tailings to the
subject tailings cell, until such time as adequate freeboard capacity exists in the
subject tailings cell for the disposal of the tailings;
d) To the extent reasonably practicable, without causing a violation of the freeboard
limit in any other tailings cell, Mill personnel will promptly pump fluids from the
subject tailings cell to another tailings cell until such time as the freeboard limit
for the subject tailings cell is in compliance. If there is no room available in
a)
b)
c)
5.
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e)
another tailings cell, without violating the freeboard limit of such other cell, then,
as soon as reasonably practicable, Mill personnel will cease to discharge any
further tailings to any tailings cell until such time as adequate freeboard capacity
exists in all tailings cells;
If it is not reasonably practicable to pump sufficient solutions from the subject
tailings cell to another tailings cell, then the solution levels in the subject tailings
cell will be reduced through natural evaporation; and
Denison will perform a root cause analysis of the exceedance and will implement
new procedures or change existing procedures to minimize the chance of a
recurrence.
Excess Head in Tailings Cells 2. 3 and 34A Slimes Drain Svstems5.2.
Part I.D.3.b)1) of the GWDP provides that Denison shall at all times maintain the average
wastewater head in the slimes drain access pipe in Cell 2 tobe as low as reasonably
achievable, in accordance with a DMT Monitoring Plan approved by the Executive
Secretary pursuant to Part I.H.13 of the GWDP, and that for Cell 3, this requirement shall
apply only after initiation of de-watering operations. Similarly. Part I.D.6.c) of the
GWDP provides that after Denison initiates pumping conditions in the slimes drain layer
in Cell4A,. Denison 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).
ln the event that the average wastewater head in the slimes drain access pipe for Cell 2 or,
after initiation of de-watering activities, Cell 3 or initiation of pumping conditions in the
slimes drain layer in Cell44, exceeds the levels specified in the DMT Monitoring Plan,
Denison will, subject to any specific requirements of the Executive Secretary as set forth
in any notice, order, remediation plan or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) Mill personnel will promptly pump the excess fluid into an active tailings cell, or
other appropriate containment or evaporation facility approved by the Executive
Secretary;
c) If the exceedance is the result of equipment failure, Mill personnel will attempt
to repair or replace the equipment;
d) If the cause of the exceedance is not rectified within 24 hours, Denison will
provide verbal notification to the Executive Secretary within the ensuing 24
hours followed by a written notification within five days; and
a
e) If not due to an identified equipment failure, Denison will perform a root cause
analysis of the exceedance and will implement new procedures or change
existing procedures to minimize the chance of a recurrence.
5.3. Excess Cell4,A Leak Detection Svstem Fluid Head or Daily Leak Rate
Part I.D.6.a) pfovides that the fluid head in the Leak Detection System ("LDS") for Cell
4A. shall not exceed 1 foot above the lowest point in the lower membrane liner. and Part
I.D.6.b) of the GWDP provides that the maximum allowable daily leak rate measured in
the LDS for Cell4A shall not exceed 24.160 gallons/day.
In the event that the fluid head in the LDS for Cell 4A exceeds 1 foot above the lowest
point in the lower membrane layer or the daily leak rate measured in the Cell 4A LDS
exceeds 24.160 gallons/day. Denison will. subject to any specific requirements of the
Executive Secretar.v as set forth in any notice. order. remediation plan or the equivalent.
implement the following process:
a) Upon discovery. the Mill Manager or RSO will be notified immediately:
b) Mill personnel will promptly pump the excess fluid into an active tailings cell. or
other appropriate containment or evaporation facility approved by the Executive
Secretarv. until such time as the cause of exceedance is rectified or until such
time as otherwise directed by the Executive Secretary:
c) If the exceedance is the result of equipment failure. Mill personnel will attempt
to repair or replace the equipment:
d) If the cause of the exceedance is not rectified within 24 hours. Denison will
provide verbal notification to the Executive Secretary within the ensuing 24
hours followed by a written notification within five days: and
e) If not due to an identified equipment failure. Denison will perform a root cause
analysis of the exceedance and will implement ngw procedures or change
existing procedures to remediate the exceedance and to minimize the chance of a
recurrence.
t&5.4. Excess Elevation For Tailings Solids
Part I.D.3.+g)2) of the GWDP provides that upon closure of any tailings cell, Denison
shall ensure that the maximum elevation of the tailings waste solids does not exceed the
top of the FML.
In the event that, upon closure of any tailings cell, the maximum elevation of the tailings
waste solids exceeds the top of the FML, Denison will, subject to any specific
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requirements of the Executive Secretary as set forth in any notice, order, remediation plan
or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification within five days of
discovery;
c) To the extent reasonably practicable, without causing a violation of the freeboard
limit in any other tailings cell, Mill personnel will promptly remove tailings
solids from the subject tailings cell to another tailings cell, or other location
. approved by the Executive Secretary, until such time as the maximum elevation
of the tailings waste solids in the subject tailings cell does not exceed the top of
the FML; and
d) Denison will perform a root cause analysis of the exceedance and will implement
new procedures or change existing procedures to minimize the chance of a
recurrence.
545.5. Roberts Pond Wastewater Elevation
Part I.D.3,+g) of the GWDP provides that the Permittee shall operate Roberts Pond so as
to provide a minimum 2-foot freeboard at all times and that under no circumstances shall
the water level in Roberts Pond exceed an elevation of 5,624 feet above mean sea level.
In the event that the wastewater elevation exceeds this maximum level, Denison shall
remove the excess wastewater and place it into containment in Tailings Cell I withinT2
hours of discovery, as specified in Part I.D.3.-e9) of the GWDP.
In the event that, Denison fails to so remove any such excess wastewater, Denison will,
subject to any specific requirements of the Executive Secretary as set forth in any notice,
order, remediation plan or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately; and
b) Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification and proposed corective
actions within five days of discovery.
555.6. Feedstock Storage Area
Part I.D.3.Jfl and Part I.D.1 1 of the GWDP provides that open-air or bulk storage of all
feedstock materials at the Mill facility awaiting Mill processing shall be limited to the
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eastern portion of the Mill site area described in Table 4 of the GWDP, and that storage
of feedstock materials at the facility outside that area shall be performed and-mdnained
if,€rsin accordance with an approved Feedstock
Management Plan oursuant to Part I.H.21 of the GWDP.
In the event that, storage of any feedstock at the Mill is not in compliance with the
requirements specified in Part I.D.3.J0 and Part I.D.11 of the GWDP, Denison will,
subject to any specific requirements of the Executive Secretary as set forth in any notice,
order, remediation plan or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) Denison will provide verbal notification to the Executive Secretary within24
hours of discovery followed by a written notification within five days of
discovery;
c) Mill personnel will:
(i) move any open-air or bulk stored feedstock materials to the portion of the
Mill site area described in Table 4 of the GWDP;(ii) ensure that any feedstock materials that are stored outside of the area
described in Table 4 of the GWDP are stored and maintained in €lo@
water tight eentainer"^ccordance with the approved Feedstock
Management Plan; and(iii) to the extent that any such containers are observed to be leaking, such
leaking containers will be placed into watertight over-pack containers pg
otherwise dealt with in accordance with the approved Feedstock
Management Plan, and any impacted soils will be removed and will be
deposited into the Mill's active tailings cell; and
d) Denison will perform a root cause analysis of the non-compliant activity and will
implement new procedures or change existing procedures to minimize the chance
of a recurrence.
5.65.7. Mill Site Chemical Reagent Storage
Part I.D.3.-eg) of the GWDP provides that for all chemical reagents stored at existing
storage facilities, Denison shall provide secondary containment to capture and contain all
volumes of reagent(s) that might be released at any individual storage area, and that for
any new construction of reagent storage facilities, the secondary containment and control
shall prevent any contact of the spilled reagent with the ground surface.
In the event that Denison does not provide the required secondary containment required
under.Part I.dD.3=-eg) of the GWDP, Denison will, subject to any specific requirements
a
of the Executive Secretary as set forth in any notice, order, remediation plan or the
equivalent, implement the following processl
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification within five days of
discovery; and
c) Denison will promptly remediate any spilled re-agent resulting from the failure to
provide the required secondary containment under Part I.dD.3.eg) of the GWDP,
by removal of the contaminated soil and disposai in the active tailings cell.
5*5.8. Failure to Construct as per Approval
Part I.D.4 of the GWDP provides that 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, and that a Construction Permit may be issued.
In the event that, any new waste or wastewater disposal, treatment, or storage facilities
are constructed at the Mill facility without obtaining prior Executive Secretary review
and approval, or any such facilities are not constructed in accordance with the provisions
of any applicable Construction Permit, Denison will, subject to any specific requirements
of the Executive Secretary as set forth in any notice, order, remediation plan or the
equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately; and
b) Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification and proposed corrective
actions within five days of discovery.
$&5.9. Failure to Comply with Stormwater Management and Spill Controt Requirements
Part I.D.8]Q of the GWDP provides that Denison will manage all contact and non-contact
stormwater and control contaminant spills at the Mill facility in accordance with an
approved Stormwater Best Management Practices Plan, pursuant to Part I.H.176 of the
GWDP.
In the event that any contact or non-contact stormwater or contaminant spills are not
managed in accordance with the Mill's approved Stormwater Best Management Practices
Plan, Denison will, subject to any specific requirements of the Executive Secretary as set
a
forth in any notice, order, remediation plan or the equivalent, implement the following
process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification and proposed corrective
actions within five days of discoveryi and
To the extent still practicable at the time of discovery, Denison will manage any
such contaminant spill in accordance with the Mill's approved Stormwater Best
Management Practices Plan. To the extent it is no longer practicable to so
manage any such spill, Denison will agree with the Executive Secretary on
appropriate clean up and other measures.
b)
c)
z
DEN''OdI
MINES
August 7, zOOa
VIA FEDEX
Mr. Dane L. Finerfrock
Executive Secretary
Utah Radiation Control Board
State of Utah Department of Environmental Quality
168 North 1950 West
Salt Lake City, UT 84114-4850
Denison Mines (USA) Corp.
1050 17th Street, Suite 950
Denver, CO 80265
USA
Tel : 303 62&7798
Fax : [phone]
www.denisonmines.com
8".
&
Heceived
AUG :ill0ll
Division of
Radiaiion Control
.' ir: :-
Dear Mr. Finerfrock:
Re: October 12,2007 Draft Contingency Plan for Denison Mines (USA) Corporation, as Required Under
Part 1.H.16 of State of Utah GWDP No. UGW370004: Conditional Approval
As requested, please find enclosed a final version of the Contingency Plan, dated October 12, 2007, for your
records.
Yours very truly,
Vice President, Regulatory Affairs and Counsel
Ron F. Hochstein
Harold R. Robefts
Steven D. Landau
David E. Turk
WHITE MESA URANIUM MILL
CONTINGENCY PLAN
As Required Under Part I.H.16
of
State of Utah Groundwater Discharge Permit No.UGW370004
Prepared by:
Denison Mines (USA) Corp.
1050 17th Sfieet, Suite 950
Denver CO 80265
October I2,2OO7
Page
No.
Jl.
aJ
4
4
4
5
6
6
6
TABLE OF CONTENTS
INTRODUCTION
PURPOSE
GROUNDWATER CONTAMINATION
Notification
Continuation of Accelerated Monitoring
Submission of Plan and Timetable
Groundwater Remediation Plan
4. MILLDISCHARGEVIOLATIONS.INCLUDING
UNAUTHORIZED DISCHARGE OR RELEASE OF PROHIBITED
CONTAMINANTS TO THE TAILING CELLS4.I. Notifications4.2. Field Activities4.3. Request for Approvals and"/or Waivers
5. DMT VIOLATIONS5.1. Tailings Cell Wastewater Pool Elevation Above the Maximum
Elevations5.2. Excess Head in Tailings Cells 2 and 3 Slimes Drain Systems5.3. Excess Elevation For Tailings Solids5.4. Roberts Pond Wastewater Elevation5.5. Feedstock Storage Area5.6. Mill Site Chemical Reagent Storage5.7. Failure to Construct as per Approval5.8. Failure to Comply with Stormwater Management and Spill Control
Requirements
7
7
8
8
9
9
10
11
11
WHITE MESA URANIUM MILL
CONTINGENCY PLAN
State of Utah Groundwater Discharge Permit
No. UGW370004
I. INTRODUCTION
The State of Utah has granted Ground Water Discharge Permit No. UGW370004 (the
"GWDP") for Denison Mines (USA) Corp.'s ("Denison's") White Mesa Uranium Mill
(the "Mill"). The GWDP specifies the construction, operation, and monitoring
requirements for all facilities at the Mill that have a potential to discharge pollutants
directly or indirectly into groundwater.
)PURPOSE
This Contingency Plan (the "Plan") provides a detailed list of actions Denison will take to
regain compliance with GWDP limits and Discharge Minimization Technology ("DMT")
requirements defined in Parts LC and I.D of the GWDP. The timely execution of
contingency and corrective actions outlined in this Plan will provide Denison with the
basis to exercise the Affirmative Action Defense provision in Part I.G.3.c) of the GWDP
and thereby avoid noncompliance status and potential enforcement actionl.
The contingency actions required to regain compliance with GWDP limits and DMT
requirements defined in Parts I.C and I.D of the GWDP are described below.
3. GROUNDWATER CONTAIVIINATION
Since there are many different possible scenarios that could potentially give rise to
groundwater contamination, and since the development and implementation of a
remediation program will normally be specific to each particular scenario, this Plan does
not outline a definitive remediation program. Rather, this Plan describes the steps that
will be followed by Denison in the event Denison is found to be out of compliance with
respect to any constituent in any monitoring well, pursuant to Partl.G.2 of the GWDP.
When the concentration of any parameter in a compliance monitoring well is out of
compliance, Denison will, subject to specific requirements of the Executive Secretary as
set forth in any notice, order, remediation plan or the equivalent, implement the following
process:
I Part I.G.3.c) of the GWDP provides that, in the event a compliance action is initiated against Denison for
violation of permit conditions relating to best available technology or DMT, Denison may affirmatively
defend against that action by demonstrating that it has made appropriate notifications, that the failure was
not intentional or caused by Denison's negligence, that Denison has taken adequate measures to meet
permit conditions in a timely manner or has submitted an adequate plan and schedule for meeting permit
conditions, and that the provisions of UCA I 9-5- 107 have not been violated.
Notification
Denison will 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 after
detection, as required under Part I.G.4.a) of the GWDP.
3.2. Continuation of Accelerated Monitoring
Denison will continue accelerated sampling for the parameter in that compliance
monitoring well pursuant to Part I.G.1 of the GWDP, unless the Executive Secretary
determines that other periodic sampling is appropriate, until the facility is brought into
compliance, as required under Pan I.G.4.b) of the GWDP.
If the accelerated monitoring demonstrates that the Mill is no longer out of compliance
with respect to a parameter in a well, then, with the written approval of the Executive
Secretary, Denison will cease accelerated monitoring for the parameter, and no further
steps will be followed by Denison with respect to such parameter.
3.3. Submission of Plan and Timetable
If the accelerated monitoring confirms that the Mill is out of compliance with respect to a
parameter in a well, then, within 30 days of such confirmation, Denison will prepare and
submit 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 ensure that
permit limits will not be exceeded at the compliance monitoring point and that DMT will
be reestablished, as required under part I.G.4.c) of the GWDP. This plan will normally
include:
The requirement for Denison to prepare a detailed and comprehensive
operational history of the facility and surrounding areas which explores all
activities that may have contributed to the contamination;
A requirement for Denison to complete an evaluation, which may include
geochemical and hydrogeological analyses, to determine whether or not the
contamination was caused by Mill activities or was caused by natural forces or
offsite activities;
If it is concluded that the contamination is the result of current or past activities
at the Mill, Denison will prepare a Characterization Report, which characterizes
the physical, chemical, and radiological extent of the ground water
contamination. This will normally include a description of any additional wells
to be used or installed to characterize the plume and the hydrogeologic
characteristics of the affected zone, the analytical parameters to be obtained, the
a)
b)
c)
samples of ground water to be taken, and any other means to measure and
characterize the affected ground water and contamination zone; and
d) If it is concluded that the contamination is the result of current or past activities
at the Mill, Denison will evaluate potential remedial actions, including actions to
restore and maintain groundwater quality to ensure that permit limits will not be
exceeded at the compliance monitoring point and that DMT will be reestablished,
as well as actions that merely allow natural attenuation to operate and actions that
involve applying for Alternate Concentration Limits ("ACLs"). If groundwater
remediation is required, Denison will prepare and submit to the Executive
Secretary a Ground Water Remediation Plan, as described in Section 3.4 below.
3.4. Groundwater Remediation Plan
If the Executive Secretary determines that ground water remediation is needed, Denison
will submit a Ground Water Remediation Plan to the Executive Secretary within the time
frame requested by the Executive Secretary. The Ground Water Remediation Plan will
normally include:
a) A description and schedule of how Denison will implement a corrective action
program that prevents contaminants from exceeding the ground water protection
levels or ACLs at the compliance monitoring point(s) or other locations approved
by the Executive Secretary, by removing the contaminants, treating them in
place, or by other means as approved by the Executive Secretary;
b) A description of the remediation monitoring program to demonstrate the
effectiveness ofthe plan; and
c) Descriptions of how corrective action will apply to each source of the pollution.
Denison will implement the Ground Water Remediation Plan in accordance with a
schedule to be submitted by Denison and approved by the Executive Secretary.
4. NTILL DISCHARGE VIOLATIONS _ INCLUDING UNAUTHORIZED
DISCHARGE OR RELEASE OF PROHIBITED CONTAMINANTS TO THE
TAILING CELLS
PartLC.2. of the GWDP provides that only lle.(Z) by-product material authorized by the
Mill's State of Utah Radioactive Materials License No. UT-2300478 (the "Radioactive
Materials License") shall be discharged to or disposed of in the Mill's tailings cells.
Part I.C.3 of the GWDP provides that discharge of other compounds into the Mill's
tailings cells, such as paints, used oil, antifreeze, pesticides, or any other contaminant not
defined as 11e.(2) material is prohibited.
ln the event of any unauthorized disposal of contaminants or wastes (the "Unauthorized
Materials") to the Mill's tailings cells, Denison will, subject to any specific requirements
of the Executive Secretary as set forth in any notice, order, remediation plan or the
equivalent, implement the following process:
Notifications
a) Upon discovery, the Mill Manager or RSO will be notified immediately; and
b) Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification within five days of
discovery.
Field Activities
a) Upon discovery, Mill personnel will immediately cease placement of
Unauthorized Materials into the Mill's tailings cells;
4.3.
To the extent reasonably practicable and in a manner that can be accomplished
safely, Mill personnel will attempt to segregate the Unauthorized Materials from
other tailings materials and mark or record the location of the Unauthorized
Materials in the tailings cells. If it is not reasonably practicable to safely
segregate the Unauthorized Material from other tailings materials, Mill personnel
will nevertheless mark or record the location of the Unauthorized Materials in the
tailings cells;
To the extent reasonably practicable and in a manner that can be accomplished
safely, Mill personnel will attempt to remove the Unauthorized Material from the
tailings cells; and
Denison will dispose of the Unauthorized Material under applicable State and
Federal regulations.
Request for Approvals and/or Waivers
If it is not reasonably practicable to safely remove the Unauthorized Materials from the
tailings cells, then Denison will:
Submit a written report to the Executive Secretary analyzing the health, safety
and environmental impacts, if any, associated with the permanent disposal of the
Unauthorized Material in the Mill's tailings cells;
Apply to the Executive Secretary for any amendments that may be required to the
GWDP and the Radioactive Materials License to properly accommodate the
permanent disposal of the Unauthorized Material in the Mill's tailings cells in a
manner that is protective of health, safety and the environment; and
b)
c)
d)
a)
b)
c) Make all applications required under the United States Nuclear Regulatory
Commission' s ("NRC's") Non- 1 le.(2) Disposal Policy, including obtaining
approval of the Department of Energy as the long term custodian of the Mill's
tailings, in order to obtain approval to permanently dispose of the Unauthorized
Material in the Mill's tailings cells.
5. DMT VIOLATIONS
5.1. Tailines Cell Wastewater Pool Elevation Above the Maximum Elevations
Part I.D.2 of the GWDP provides that authorized operation and maximum disposal
capacity in each of the existing tailings cells shall not exceed the levels authorized by the
Radioactive Materials License and that under no circumstances shall the freeboard be less
than three feet, as measured from the top of the flexible membrane liner ("FML").
In the event that tailings cell wastewater pool elevation in any tailings cell exceeds the
maximum elevations mandated by Part I.D.2 of the GWDP, Denison will, subject to any
specific requirements of the Executive Secretary as set forth in any notice, order,
remediation plan or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification within five days of
discovery;
Upon discovery, Mill personnel will cease to discharge any further tailings to the
subject tailings cell, until such time as adequate freeboard capacity exists in the
subject tailings cell for the disposal of the tailings;
To the extent reasonably practicable, without causing a violation of the freeboard
limit in any other tailings cell, Mill personnel will promptly pump fluids from the
subject tailings cell to another tailings cell until such time as the freeboard limit
for the subject tailings cell is in compliance. If there is no room available in
another tailings cell, without violating the freeboard limit of such other cell, then,
as soon as reasonably practicable, Mill personnel will cease to discharge any
further tailings to any tailings cell until such time as adequate freeboard capacity
exists in all tailings cells;
If it is not reasonably practicable to pump sufficient solutions from the subject
tailings cell to another tailings cell, then the solution levels in the subject tailings
cell will be reduced through natural evaporation; and
c)
d)
e)
0 Denison will perform a root cause analysis of the exceedance and will implement
new procedures or change existing procedures to minimize the chance of a
recurrence.
5.2. Excess Head in Tailings Cells 2 and 3 Slimes Drain Systems
Part I.D.3.b)1) of the GWDP provides that Denison shall at all times maintain the average
wastewater head in the slimes drain access pipe in Cell 2 tobe as low as reasonably
achievable, in accordance with a DMT Monitoring Plan approved by the Executive
Secretary pursuant to Part I.H.13 of the GWDP, and that for Cell 3, this requirement shall
apply only after initiation of de-watering operations.
In the event that the average wastewater head in the slimes drain access pipe for Cell 2 or,
after initiation of de-watering activities, Cell 3 exceeds the levels specified in the DMT
Monitoring Plan, Denison will, subject to any specific requirements of the Executive
Secretary as set forth in any notice, order, remediation plan or the equivalent, implement
the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) Mill personnel will promptly pump the excess fluid into an active tailings cell, or
other appropriate containment or evaporation facility approved by the Executive
Secretary;
c) If the exceedance is the result of equipment failure, Mill personnel will attempt
to repair or replace the equipment;
d) If the cause of the exceedance is not rectified within 24 hours, Denison will
provide verbal notification to the Executive Secretary within the ensuing 24
hours followed by a written notification within five days; and
e) If not due to an identified equipment failure, Denison will perform a root cause
analysis of the exceedance and will implement new procedures or change
existing procedures to minimize the chance of a recurrence.
5.3. Excess Elevation For Tailings Solids
Part I.D.3 b)2) of the GWDP provides that upon closure of any tailings cell, Denison
shall ensure that the maximum elevation of the tailings waste solids does not exceed the
top of the FML.
In the event that, upon closure of any tailings cell, the maximum elevation of the tailings
waste solids exceeds the top of the FML, Denison will, subject to any specific
requirements of the Executive Secretary as set forth in any notice, order, remediation plan
or the.equivalent, implement the following process:
a) Upon discovery, the Manager or RSO will be immediately;
b) Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification within five days of
discovery;
c) To the extent reasonably practicable, without causing a violation of the freeboard
limit in any other tailings cell, Mill personnel will promptly remove tailings
solids from the subject tailings cell to another tailings cell, or other location
approved by the Executive Secretary, until such time as the maximum elevation
of the tailings waste solids in the subject tailings cell does not exceed the top of
the FML; and
d) Denison will perform a root cause analysis of the exceedance and will implement
new procedures or change existing procedures to minimize the chance of a
recurrence.
5.4. Roberts Pond Wastewater Elevation
Part I.D.3 c) of the GWDP provides that the Permittee shall operate Roberts Pond so as to
provide a minimum 2-foot freeboard at all times and that under no circumstances shall
the water level in Roberts Pond exceed an elevation of 5,624 feet above mean sea level.
In the event that the wastewater elevation exceeds this maximum level, Denison shall
remove the excess wastewater and place it into containment in Tailings Cell I withinT2
hours of discovery, as specified in Part I.D.3 c) of the GWDP.
In the event that, Denison fails to so remove any such excess wastewater, Denison will,
subject to any specific requirements of the Executive Secretary as set forth in any notice,
order, remediation plan or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately; and
b) Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification and proposed corrective
actions within five days of discovery.
5.5. Feedstock Storage Area
Part LD.3. d) of the GWDP provides that open-air or bulk storage of all feedstock
materials at the Mill facility awaiting Mill processing shall be limited to the eastern
portion of the Mill site area described in Table 4 of the GWDP, and that storage of
feedstock materials at the facility outside that area shall be performed and maintained
only in closed, water-tight containers.
In the event that, storage of any feedstock at the Mill is not in compliance with the
requirements specified in Part I.D.3. d) of the GWDP, Denison will, subject to any
specific requirements of the Executive Secretary as set forth in any notice, order,
remediation plan or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification within five days of
discovery;
c) Mill personnel will:
(i)move any open-air or bulk stored feedstock materials to the portion of the
Mill site area described in Table 4 of the GWDP;
ensure that any feedstock materials that are stored outside of the area
described in Table 4 of the GWDP are stored and maintained in closed,
water-tight containers; and
to the extent that any such containers are observed to be leaking, such
leaking containers will be placed into watertight over-pack containers,
and any impacted soils will be removed and will be deposited into the
Mill's active tailings cell; and
(ii)
(iii)
d) Denison will perform a root cause analysis of the non-compliant activity and will
implement new procedures or change existing procedures to minimize the chance
of a recurrence.
5.6. Mill Site Chemical Reagent Storage
Part I.D.3. e) of the GWDP provides that for all chemical reagents stored at existing
storage facilities, Denison shall provide secondary containment to capture and contain all
volumes of reagent(s) that might be released at any individual storage area, and that for
any new construction of reagent storage facilities, the secondary containment and control
shall prevent any contact of the spilled reagent with the ground surface.
In the event that Denison does not provide the required secondary containment required
under Part I.d.3. e) of the GWDP, Denison will, subject to any specific requirements of
the Executive Secretary as set forth in any notice, order, remediation plan or the
equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification within five days of
discovery; and
10
c) Denison will promptly remediate any spilled re-agent resulting from the failure to
provide the required secondary containment under Part I.d.3.e) of the GWDP, by
removal of the contaminated soil and disposal in the active tailings cell.
Failure to Construct as per Approval
Part I.D.4 of the GWDP provides that any construction, modification, or operation of new
waste or wastewater disposal, troatment, or storage facilities shall require submittal of
engineering design plans and specifications, and prior Executive Secretary review and
approval, and that a Construction Permit may be issued.
In the event that, any new waste or wastewater disposal, treatment, or storage facilities
are constructed at the Mill facility without obtaining prior Executive Secretary review
and approval, or any such facilities are not constructed in accordance with the provisions
of any applicable Construction Permit, Denison will, subject to any specific requirements
of the Executive Secretary as set forth in any notice, order, remediation plan or the
equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately; and
b) Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification and proposed corrective
actions within five days of discovery.
5.8. Failure to Comply with Stormwater Management and Spill Control Requirements
Part I.D.8 of the GWDP provides that Denison will manage all contact and non-contact
stormwater and control contaminant spills at the Mill facility in accordance with an
approved Stormwater Best Management Practices Plan, pursuant to Part I.H.l1 of the
GWDP.
In the event that any contact or non-contact stormwater or contaminant spills are not
managed in accordance with the Mill's approved Stormwater Best Management Practices
Plan, Denison will, subject to any specific requirements of the Executive Secretary as set
forth in any notice, order, remediation plan or the equivalent, implement the following
process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
Denison will provide verbal notification to the Executive Secretary within 24
hours of discovery followed by a written notification and proposed corrective
actions within five days of discovery; and
To the extent still practicable at the time of discovery, Denison will manage any
such contaminant spill in accordance with the Mill's approved Stormwater Best
Management Practices Plan. To the extent it is no longer practicable to so
b)
c)
11
manage any such spill, Denison will agree with the Executive Secretary on
appropriate clean up and other measures.
a
"J)l
Denison Mines (USA) Corp.
1050 lTth Street, Suite 950
Denver, CO 80265
USA
Tel :[phone]
Fax : [phone]
www.denisonmines.com
DENIS
MINES
October 12,2007
VIA FACSIMILE AND US MAIL
Jonathan P. Cook, P.E.
Division of Radiation Control
Utah Department of Environmental Quality
168 North 1950 West
Salt Lake City, UT 84114-4850
Dear Mr. Cook:
..1
4. <fr.. -
".
i L*ti1.'i-''-
0C1 20ut
**3,,rllli#'-*
Re: April 7,2006 Draft Contingency Plan for Denison Mines (USA) Corp. ("Denison") White Mesa Mill,
as Required Under Part 1.H.16 of State of Utah GWDP No. UGW370004: Request for Revision and Re-
submittal -Your Letter of September 5,2007
Reference is made to your letter of September 5,2007 regarding the draft Contingency Plan for Denison's
White Mesa Mill (the "Milf'). ln your letter you set out several concerns relating to the draft Contingency Plan
that you ask us to address, and you request that we revise and re-submit the Plan.
Enclosed with this letter is a revised draft Contingency Plan for the Mill, marked to indicate changes over the
April7,2006 version.
We respond to your questions as follows (your questions or comments are repeated below in italics, followed by
our response):
1. The ownership of the Mill has changed since April 7, 2006. Please revise the Contingency Plan
accordingly.
The ownership of the Mill has not changed; however, the name of the operator of the Millwas changed in
December 2006 from lnternational Uranium (USA) Corporation to Denison Mines (USA) Corp. This change has
been incorporated into the attached revised draft Plan.
2. Now that the Cell44 retrofit has been approved, both DMT and BAT standards apply to the Milt site.
Please revise the Contingency Plan accordingly.
The Mill's DMT Plan is currently in the process of being revised to include Cell 44. lt is therefore premature at
this time to revise the Contingency Plan to incorporate DMT for Cell44. Once the revised DMT Plan has been
approved by the Executive Secretary, Denison will revise the Contingency Plan accordingly and will submit the
revised Contingency Plan to the Executive Secretary for approval.
3. You note that the Contingency Plan provides, in Section 3.3(d) on page 5, that "lf it is concluded that the
contamination is the result of current or past activities at the Mill, IUSA willevaluate potential remedial
actions, including actions to restore and maintain groundwater quality to ensure that permit limits will not be
exceeded at the compliance monitoring point and that DMT will be reestablished, as well as actions that
merely allow natural attenuation to operate and actions that involve applying for Alternate Concentration
Limits.('ACLs'). You ask that we provide a detailed list of actions in the Contingency Plan.
Section 3.4 of the Plan addresses the types of actions that will be taken (1.e., the submittal of a Groundwater
Remediation Plan). Section 3.4 describes, the types of actions that will be taken, in generalterms. As the type
of remediation will depend on the specific circumstances, it is not possible to be any more specific than as
already set out in Section 3.4.
ln order to better tie Section 3.3 into Section 3.4, we have added the following sentence to the end of Section
3.3(d):
lf groundwater remediation is required, Denison will prepare and submit to the Executive
Secretary a Ground Water Remediation Plan, as described in Section 3.4 below.
4. You note that the Contingency Plan provides, in Section 4 on page 5, that "Part l.C.e of the GWDP provides
that discharge of other compounds into the Mill's tailings cells, such as paints, used oil, antifreeze,
pesticides, or any other contaminant not defined as 11e.(2) material is prohibited." You ask how this affects
the "current practice of disposing of paint chips . . . in the tailings cells?"
The Mill may dispose of dried paint chips or flakes on equipment or paint chips that may result from sand
blasting or similar activities. These are wastes generated in connection with the milling process and are
therefore 1 1e.(2) byproduct material. This differs f rom disposal of pure unused, uncontaminated paint, that is
not a waste, into the tailings cells, which may not be 11e.(2) byproduct material and, if not, would not be able to
be directly disposed of in the Mill's tailings cells.
5. Section 4.3 (c) on page 6. You have asked us to change the words "including without limitation obtaining
approvalof" to "including obtaining approval of"
We have made the requested change.
6. With respect to the requirements set out in Sections 5.1 (a) through 5.1(t) of the Plan, you have asked if Milt
operations will be halted untilthe wastewater pool elevation has dropped back below the minimum
freeboard level.
Section 5.1(c) of the Plan provides that upon discovery, Mill personnel will cease to discharge any further
tailings to the subject tailings cell, until such time as adequate freeboard capacity exists in the subject tailings
cell for the disposal of the tailings. Section 5.1 (d) provides that to the extent reasonably practicable, without
causing a violation of the freeboard limit in any other tailings cell, Mill personnel will promptly pump fluids from
the subject tailings cell to another tailings cell until such time as the freeboard limit for the subject tailings cell is
in compliance.
lf there is no room available in another cell, without violating the freeboard limit of such cell, then, as soon as
reasonably practicable, Mill personnel will cease to discharge any further tailings to any cell until such time as
adequate freeboard capacity exists in all cells. We have added the following language to Section 5.1 (d):
lf there is no room available in another cell, without violating the freeboard limit of such
other tailings cell, then, as soon as reasonably practicable, Mill personnel will cease to
discharge any further tailings to any tailings cell until such time as adequate freeboard
capacity exists in all tailings cells.
DENISONDII
MINES
7. Section 5.4, page 9: Add paragraphs similar to 5.1.d), 5.1.e), and 5.1.f)
The Permit already specifically addresses what must be done if the freeboard limit in Roberts Pond is
exceeded. Specifically, Part 1.D.3.(c) of the Permit states that in the event that the wastewater elevation
exceeds the maximum level, Denison shall remove the excess wastewater and place it into containment in
Tailings Cell 1 within 72 hours of discovery.
Such a specific provision does not exist to address exceedances of freeboard limits in the Mill's tailings cells.
That is whythe procedures in Section 5.1 (d), (e)and (f) are not repeated in Section 5.4. For example, given
the specific wording of Part 1.D.3 (c) of the Permit, there is no need to repeat Sections 5.1(d) and (e) of the
Contingency Plan in Section 5.4 of the Contingency Plan. Similarly, Part 1.D.3 of the Permit contemplates that
the freeboard limit in Roberts Pond may be exceeded temporarily from time to time, and gives a 72-hour
window in which to get the solution levels in Roberts Pond down to the maximum elevation before a violation
can be issued under the Permit. Therefore, we do not believe that it is necessary to perform a root cause
analysis for exceedances of freeboard limits in Roberts Pond, as is required for exceedances of freeboard limits
in the tailings cells.
Accordingly, we have not added paragraphs similar to 5.1(d), (e) and (f) to Section 5.4.
8. Section 5.5, page 9: What will be done should it be discovered that feedstock containers are leaking?
We have added the following as a new Section 5.5 (c)(iii):
(iii) to the extent that any such containers are observed to be leaking, such leaking
containers will be placed into watertight over-pack containers, and any impacted soils will
be removed and will be deposited into the Mill's active tailings cell; and
9. S-ection 5.8, page 11: Provide more details on what will be done upon discovery of a failure to compty with
Stormwater Management and Spill Control Requirements, such as method for clean-up
We have added the following as a new Section 5.8(c):
(c) To the extent still practicable at the time of discovery, Denison will manage any such
contaminant spill in accordance with the Mill's approved Stormwater Best Management
Practices Plan. To the extent it is no longer practicable to so manage any such spill,
Denison will agree with the Executive Secretary on appropriate clean up and other
measures.
lf you have any questions regarding the foregoing, or require any further information, please contact the
undersigned.
Yours very truly,
SA) Cone.
and Counsel
Ron F, Hochstein
Harold R. Roberts
Steven D. Landau
David Turk
. Frildenlund
Vice Presideht, Flegulatory Affairs
DENISOJ)IJ
lvllNES
WHITE MESA URANIUM MILL
CONTINGENCY PLAN
As Required Under Part I.H.16
of
State of Utah Groundwater Discharge Permit No.UGW3700A4
Prepared by:
I ruSA) Corp.erarien
1050 17th Sffeet, Suite 950
Denver CO 80265
@^oW
I OraftDate: @,\OOq
,,
3.
3.1.
3.2.
J.J.
3.4.
TABLE OF CONTENTS
INTRODUCTION
PURPOSE
GROLII\DWATER CONTAMINATION
Notification
Continuation of Accelerated Monitoring
Submission of Plan and Timetable
Groundwater Remediation Plan
Page
No.
aJ
3
4
4
4
5
7
7
7E
8
9
9
10
101
11
4. MILL DISCHARGE VIOLATIONS - INCLUDING
T]NAUTHORIZED DISCHARGE OR RELEASE OF PROHIBITED
CONTAMINANTS TO TIIE TAILING CELLS4.I. Notifications
4.2. Field Activities
4.3. Request for Approvals and/or Waivers
5. DMT VIOLATIONS
5.1. Tailings Cell Wastewater Pool Elevation Above the Maximum
Elevations
5.2. Excess Head in Tailings Cells 2 and 3 Slimes Drain Systems5.3. Excess Elevation For Tailings Solids
5.4. Roberts Pond Wastewater Elevation
5.5. Feedstock Storage Area
5.6. Mill Site Chemical Reagent Storage5.7. Failure to Construct as per Approval5.8. Failure to Comply with Stormwater Management and Spill Control
Requirements
6
6
6
lOraftDate: @,201
WHITE MESA URANIUM MILL
CONTINGENCY PLAN
State of Utah Groundwater Discharge Permit
No. UGW370004
1. INTRODUCTION
The State of Utah has granted Ground Water Discharge Permit No. UGW370004 (the
"GWDP") for (USA) Corp.eratien's
("trusADenison's") white Mesa Uranium Mill (the "Mill"). The GWDP specifies the
construction, operation, and monitoring requirements for all facilities at the Mill that have
a potential to discharge pollutants directly or indirectly into groundwater.
)PURPOSE
This Contingency Plan (the "Plan") provides a detailed list of actions flJ$4Delison will
take to regain compliance with GWDP limits and Discharge MinimizationTechnology
("DMT") requirements defined in Parts I.C and I.D of the GWDP. The timely execution
of contingency and corrective actions outlined in this Plan will provide usADeniig!
with the basis to exercise the Affirmative Action Defense provision in Part I.G.3.c) of the
GWDP and thereby avoid noncompliance status and potential enforcement actionl.
The contingency actions required to regain compliance with GWDP limits and DMT
requirements defined in Parts LC and I.D of the GWDP are described below.
3. GROUNDWATER CONTAMINATION
Since there are many different possible scenarios that could potentially give rise to
groundwater contamination, and since the development and implementation of a
remediation program will normally be specific to each particular scenario, this Plan does
not outline a definitive remediation program. Rather, this Plan describes the steps that
will be followed by {us+pgnilon in the event rJsADqnlle! is found to be out of
compliance with respect to any constituent in any monitoring well, pursuant to Part I.G.2
of the GWDP.
When the concentration of any parameter in a compliance monitoring well is out of
compliance, IfISADgg[gqn will, subject to specific requirements of the Executive
I Part I.G.3.c) of the GWDP provides that, in the event a compliance action is initiated against
IJSApgnlig! for violation of permit conditions relating to best available technology or DMT,gJsADeqilg! may affirmatively defend against that action by demonstrating that it has made appropriate
notifications, that the failure was not intentional or caused by IUSAD9niso!'s negligence, that
IUS+Dglilg! has taken adequate measures to meet permit conditions in a timely manner or has submitted
an adequate plan and schedule for meeting permit conditions, and that the provisions of UCA l9-5-107
have not been violated.
DraftDate: @,2006{
Secretary as set forth in any notice, order, remediation plan or the equivalent, implement
the following process:
3.1. Notification
I{JS+Den.L$on will 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 after
detection, as required under Part I.G.4.a) of the GWDP.
3.2. Continuation of Accelerated Monitoring
{JS,aDenison will continue accelerated sampling for the parameter in that compliance
monitoring well pursuant to Part LG.1 of the GWDP, unless the Executive Secretary
determines that other periodic sampling is appropriate, until the facility is brought into
compliance, as required under Part I.G.4.b) of the GWDP.
If the accelerated monitoring demonstrates that the Mill is no longer out of compliance
with respect to a parameter in a well, then, with the written approval of the Executive
Secretary, +f+SADentgg! will cease accelerated monitoring for the parameter, and no
further steps will be followed by RJsADen[gq! with respect to such parameter.
3.3. Submission of Plan and Timetable
If the accelerated monitoring confirms that the Mill is out of compliance with respect to a
parameter in a well, then, within 30 days of such confirmation, I{JSApeuiqon will
prepare and submit 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 ensure that
permit limits will not be exceeded at the compliance monitoring point and that DMT will
be reestablished, as required under part I.G.4.c) of the GWDP. This plan will normally
include:
The requirement for l+gsADenisg! to prepare a detailed and comprehensive
operational history of the facility and surrounding areas which explores all
activities that may have contributed to the contamination;
A requirement for {Js,aDenisg! to complete an evaluation, which may include
geochemical and hydrogeological analyses, to determine whether or not the
contamination was caused by Mill activities or was caused by natural forces or
offsite activities;
If it is concluded that the contamination is the result of current or past activities
at the Mill, uSApgn:ilen will prepare a Characterization Report, which
characterizes the physical, chemical, and radiological extent of the ground water
contamination. This will normally include a description of any additional wells
to be used or installed to characterize the plume and the hydrogeologic
a)
b)
c)
DraftDate: @,2006{
characteristics of the affected zone, the analytical parameters to be obtained, the
samples of ground water to be taken, and any other means to measure and
charucterize the affected ground water and contamination zone; and
d) If it is concluded that the contamination is the result of current or past activities
at the Mill, {USApenlsoq will evaluate potential remedial actions, including
actions to restore and maintain groundwater quality to ensure that permit limits
will not be exceeded at the compliance monitoring point and that DMT will be
reestablished, as well as actions that merely allow natural attenuation to operate
and actions that involve applying for Alternate Concentration Limits ("ACLs").
If groundwater remediation is required. Denison will prepare and submit to the
Executive Secretarv a Ground Water Remediation Plan. as described in Section
3.4 below.
3.4. Groundwater Remediation Plan
If the Executive Secretary determines that ground water remediation is needed,
+USADggilg! will submit a Ground Water Remediation Plan to the Executive Secretary
within the time frame requested by the Executive Secretary. The Ground Water
Remediation Plan will normally include:
a) A description and schedule of how {JsADenison will implement a corrective
action program that prevents contaminants from exceeding the ground water
protection levels or ACLs at the compliance monitoring point(s) or other
locations approved by the Executive Secretary, by removing the contarhinants,
treating them in place, or by other means as approved by the Executive
Secretary;
b) A description of the remediation monitoring program to demonstrate the
effectiveness of the plan; and
c) Descriptions of how corrective action will apply to each source of the pollution.
IU$ADeniSg! will implement the Ground Water Remediation Plan in accordance with a
schedule to be submitted by tr{+$ADenfSqq and approved by the Executive Secretary.
4. MILL DISCHARGE VIOLATIONS - INCLT]DING UNAUTHORIZED
DISCHARGE OR RELEASE OF PROHIBITED CONTAMINANTS TO TIIE
TAILING CELLS
Part I.C.2. of the GWDP provides that only Lle.(Z) by-product material authorized by the
Mill's State of Utah Radioactive Materials License No. UT-2300478 (the "Radioactive
Materials License") shall be discharged to or disposed of in the Mill's tailings cells.
DraftDate: @,20CF/
Part I.C.3 of the GWDP provides that discharge of other compounds into the Mill's
tailings cells, such as paints, used oil, antifreeze, pesticides, or any other contaminant not
defined as 11e.(2) material is prohibited.
In the event of any unauthorized disposal of contaminants or wastes (the "Unauthorized
I Materials") to the Mill's tailings celis,IUS,4pg4json will, subject to any specific
requirements of the Executive Secretary as set forth in any notice, order, remediation plan
or the equivalent, implement the following process:
4.1. Notifications
a) Upon discovery, the Mill Manager or RSO will be notified immediately; and
I Ul ++lS+Delison will provide verbal notification to the Executive Secretary within
24 hours of discovery followed by a written notification within five days of
discovery.
4.2. Field Activities
a) Upon discovery, Mill personnel will immediately cease placement of
Unauthorized Materials into the Mill's tailings cells;
b) To the extent reasonably practicable and in a manner that can be accomplished
safely, Mill personnel will atterirpt to segregate the Unauthorized Materials from
other tailings materials and mark or record the location of the Unauthorized
Materials in the tailings cells. If it is not reasonably practicable to safely
segregate the Unauthorized Material from other tailings materials, Mill personnel
will nevertheless mark or record the location of the Unauthorized Materials in the
tailings cells;
c) To the extent reasonably practicable and in a manner that can be accomplished
safely, Mill personnel will attempt to remove the Unauthorized Material from the
tailings cells; and
I al {J.$aDen6on will dispose of the Unauthorized Material under applicable State
and Federal regulations.
4.3. Request for Approvals and/or Waivers
If it is not reasonably practicable to safely remove the Unauthorized Materials from the
I tailings cells, then IU$ADedSpg will:
a) Submit a written report to the Executive Secretary analyzingthe health, safety
and environmental impacts, if any, associated with the permanent disposal of the
Unauthorized Material in the Mill's tailings cells;
I OraftDate: @,zOOq 6
b) Apply to the Executive Secretary for any amendments that may be required to the
GWDP and the Radioactive Materials License to properly accommodate the
permanent disposal of the Unauthorized Material in the Mill's tailings cells in a
manner that is protective of health, safety and the environment; and
c) Make all applications required under the United States Nuclear Regulatory
Commission's ("NRC's") Non-l Ie.(2) Disposal Policy, including {,rd+h€u+
limi+atie+obtaining approval of the Department of Energy as the long term
custodian of the Mill's tailings, in order to obtain approval to permanently
dispose of the Unauthorized Material in the Mill's tailings cells.
5. DMT VIOLATIONS
5.1. Tailines Cell Wastewater Pool Elevation Above the Maximum Elevations
Part I.D.2 of the GWDP provides that authorized operation and maximum disposal
capacity in each of the existing tailings cells shall not exceed the levels authorized by the
Radioactive Materials License and that under no circumstances shall the freeboard be less
than three feet, as measured from the top of the flexible membrane liner ("FML").
In the event that tailings cell wastewater pool elevation in any tailings cell exceeds the
maximum elevations mandated by Part I.D.2 of the GWDP, ruSADenigqn will, subject to
any specific requirements of the Executive Secretary as set forth in any notice, order,
remediation plan or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) l++SADenlSon will provide verbal notification to the Executive Secretary within
24 hours of discovery followed by a written notification within five days of
discovery;
c) Upon discovery, Mill personnel will cease to discharge any further tailings to the
subject tailings cell, until such time as adequate freeboard capacity exists in the
subject tailings cell for the disposal of the tailings;
d) To the extent reasonably practicable, without causing a violation of the freeboard
limit in any other tailings cell, Mill personnel will promptly pump fluids from the
subject tailings cell to another tailings cell until such time as the freeboard limit
for the subject tailings cell is in compliance. If there is no room a
another tailings cell. without violating the freeboard limit of such other cell. then.
as soon as reasonably practicable. Mill personnel will cease to discharge any
further tailings to any tailings cell until such time as adequate freeboard capacity
exists ini{l tailings cells;
200q 7Draft Date: MarehStOctober 10,
e) If it is not reasonably practicable to pump sufficient solutions from the subject
tailings cell to another tailings cell, then the solution levels in the subject tailings
cell will be reduced through natural evaporation; and
0 {USADeni;g! will perform a root cause analysis of the exceedance and will
implement new procedures or change existing procedures to minimize the chance
of a recumence.
Excess Head in Tailings Cells 2 and 3 Slimes Drain Systems
Part I.D.3.b)l) of the GWDP provides that IUSApgnilAn shall at all times maintain the
avsrage wastewater head in the slimes drain access pipe in Cell 2 tobe as low as
reasonably achievable, in accordance with a DMT Monitoring Plan approved by the
Executive Secretary pursuant to Part I.H.13 of the GWDP, and that for Cell 3, this
requirement shall apply only after initiation of de-watering operations.
In the event that the average wastewater head in the slimes drain access pipe for Cell 2 or,
after initiation of de-watering activities, Cell 3 exceeds the levels specified in the DMT
I Monitoring Plan, lusaDegbon will, subject to any specific requir-ments of the
Executive Secretary as set forth in any notice, order, remediation plan or the equivalent,
implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) Mill personnel will promptly pump the excess fluid into an active tailings cell, or
other appropriate containment or evaporation facility approved by the Executive
Secretary;
c) If the exceedance is the result of equipment failure, Mill personnel will attempt
to repair or replace the equipment;
5.3.
If the cause of the exceedance is not rectified within 24 hours, HJSADeniqon will
provide verbal notification to the Executive Secretary within the ensuing 24
hours followed by a written notification within five days; and
If not due to an identified equipment failure, tr{+SADeniSq! will perform a root
cause analysis of the exceedance and will implement new procedures or change
existing procedures to minimize the chance of a recurrence.
Excess Elevation For Tailings Solids
Part I.D.3 b)2) of the GWDP provides that upon closure of any tailings cell,
+US+Dgnl!q! shall ensure that the maximum elevation of the tailings waste solids does
not exceed the top of the FML.
d)
e)
lDraftDate: @,200q
In the event that, upon closure of any tailings cell, the maximum elevation of the tailings
waste solids exceeds the top of the FML, tr{J+ADgnllg! will, subject to any specific
requirements of the Executive Secretary as set forth in any notice, order, remediation plan
or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) +US,aDgUUg! will provide verbal notification to the Executive Secretary within
24 hours of discovery followed by a written notification within five days of
discovery;
c) To the extent reasonably practicable, without causing a violation of the freeboard
limit in any other tailings cell, Mill personnel will promptly remove tailings
solids from the subject tailings cell to another tailings cell, or other location
approved by the Executive Secretary, until such time as the maximum elevation
of the tailings waste solids in the subject tailings cell does not exceed the top of
the FML; and
d) IUS,+Dgnbon will perform a root cause analysis of the exceedance and will
implement new procedures or change existing procedures to minimize the chance
of a recurrence.
5.4. Roberts Pond Wastewater Elevation
Part LD.3 c) of the GWDP provides that the Permittee shall operate Roberts Pond so as to
provide a minimum 2-foot freeboard at all times and that under no circumstances shall
the water level in Robe{s Pond exceed an elevation of 5,624 feet above mean sea level.
In the event that the wastewater elevation exceeds this maximum level, eJs,apenllg4
shall remove the excess wastewater and place it into containment in Tailings Cell 1
within 72 hours of discovery, as specified in Part I.D.l c) of the GwDp.
In the event that,I{JSApsnilen fails to so remove any such excess wastewater,
lusADgntson will, subject to any specific requirements of the Executive Secretary as set
forth in any notice, order, remediation plan or the equivalent, implement the following
process:
a) Upon discovery, the Mill Manager or RSO will be notified immediatelyi and
b) [JS,aDgnrson will provide verbal notification to the Executive Secretary within
24 hours of discovery followed by a written notification and proposed corrective
actions within five days of discovery.
5.5. Feedstock Storage Area
DraftDate: @,20062
Part LD.3. d) of the GWDP provides that open-air or bulk storage of all feedstock
materials at the Mill facility awaiting Mill processing shall be limited to the eastem
portion of the Mill site area described in Table 4 of the GWDP, and that storage of
feedstock materials at the facility outside that area shall be performed and maintained
only in closed, water-tight containers.
In the event that, storage of any feedstock at the Mill is not in compliance with the
requirements specified in Part I.D.3. d) of the GWDP, IUSAD9nI!9! will, subject to any
specific requirements of the Executive Secretary as set forth in any notice, order,
remediation plan or the equivalent, implement the following process:
Upon discovery, the Mill Manager or RSO will be notified immediately;
+Us+Denisol will provide verbal notification to the Executive Secretary within
24 hours of discovery followed by a written notification within five days of
discovery;
Mill personnel will:
(i) move any open-air or bulk stored feedstock materials to the portion of the
Mill site area described in Table 4 of the GWDP; anC(ii) ensure that any feedstock materials that are stored outside of the area
described in Table 4 of the GWDP are stored and maintained in closed,
water-tight containers ; and(iii) to the extent that any such containers are observed to be leaking. such
leaking containers will be placed into watertight over-pack containers.
and any impacted soils will be removed and will be deposited into the
Mill's active tailines cell: and
d) gJSADenUq! will perform a root cause analysis of the non-compliant activity
and will implement new procedures or change existing procedures to minimize
the chance of a recurrence.
5.6. Mill Site Chemical Reagent Storage
Part I.D.3. e) of the GWDP provides that for all chemical reagents stored at existing
storage facilities, +t+S,4DglfSon shall provide secondary containment to capture and
contain all volumes of reagent(s) that might be released at any individual storage area,
and that for any new construction of reagent storage facilities, the secondary containment
and control shall prevent any contact of the spilled reagent with the ground surface.
In the event that luS+Denilog does not provide the required secondary containment
required under Part I.d.3. e) of the GWDP, {tJS+DenEon will, subject to any specific
requirements of the Executive Secretary as set forth in any notice, order, remediation plan
or the equivalent, implement the following process:
a)
b)
c)
DraftDate: @,2006{ 10
b)
c)
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
ItgSADedSg! will provide verbal notification to the Executive Secretary within
24 hours of discovery followed by a written notification within five days of
discovery; and
[JSADen$q! will promptly remediate any spilled re-agent resulting from the
failure to provide the required secondary containment under Part I.d.3.e) of the
GWDP, by removal of the contaminated soil and disposal in the active tailings
cell.
Failure to Construct as per Approval5.7.
Part LD.4 of the GWDP provides that 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, and that a Construction Permit may be issued.
In the event that, any new waste or wastewater disposal, treatment, or storage facilities
are constructed at the Mill facility without obtaining prior Executive Secretary review
and approval, or any such facilities are not constructed in accordance with the provisions
of any applicable Construction Permit, g+S+Deg1gon will, subject to any specific
requirements of the Executive Secretary as set forth in any notice, order, remediation plan
or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately; and
b) [JS+Denison will provide verbal notification to the Executive Secretary within
24 hours of discovery followed by a written notification and proposed corrective
actions within five days of discovery.
5.8. Failure to Comply with Stormwater Management and Spill Control Requirements
Part I.D.8 of the GWDP provides that trUSADenison will manage all contact and non-
contact stormwater and control contaminant spills at the Mill facility in accordance with
an approved Stormwater Best Management Practices Plan, pursuant to Part I.H.17 of the
GWDP.
In the event that any contact or non-contact stormwater or contaminant spills are not
managed in accordance with the Mill's approved Stormwater Best Management Practices
Plan, uSApeqilen will, subject to any specific requirements of the Executive Secretary
as set forth in any notice, order, remediation plan or the equivalent, implement the
following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;and
DraftDate: @,2006d 11
b) ltgsADeniSpt will provide verbal notification to the Executive Secretary within
24 hours of discovery followed by a written notification and proposed corrective
actions within five days of discoveryi_ald
L-.fo tne extent stl
such contaminant spill in accordance with the Mill's approved Stormwater Best
Management Practices Plan. To the extent it is no longer practicable to so
manage any such spill. Denison will agree with the Executive Secretarv on
appropriate clean up and other measures.
lnraftDate: @,20Cfd 12
OCT-I?-?@@7 t6z@8 Pase: 1215
Oenieon Mlnce (USA) CorF.
101i0 tTlh Streel, Sutt! 9SO
Donvcr, C0 80266
usA
rcl :303 62&7799
Fex : 303 S8$,4'l2s
www.dcnlsonmine3.com
Facsimile Transmittal
Mr. Jonathan P. Cook, Division of
iladiation Control Fax No.: 801-5gg-4097
DENlsoJ)dd
TWNES
To:
October 12,2007
Company: Utah Oivision of Radiation Corrtrol Date:
From: DavidC. Fry_denlund pf@ ;-
Whita Mesa Miil
Please see attached letter dated October lZ, ZOOT
ir\o)$r()\''^Q\"'\]
MINES USR To:918015334A91o P ase z?t !6
Denison Mlnee (USl) Corp.
1050 17th Strcct, Suite 990
Donver, CO 80265
U$A
Tel : 80S A2F7798
Fox : 303 389-4125
www,donlsonmineg.com
october 12,2007
VIA FACSIMILE AND US MAIL
Jonathan P. Cook, p.E.
Division ol Radiation Control
Utah Department of Environmental euality
168 North 19S0 West
Salt Lake Clty, UT 84114-4BSO
Dear Mr. Cook:
Be: AprilT' 2006 Draft Gontlngency PlanJorDenisor irlnss (U.SA)Corp. (,,Deni8on,,) whlte Mesa Mill,ae Required under Part l.H.l6 ol stete of utah GWDP No. uawsz6oo+;'nlque"t-ioi n*.ri"ion and Be-Eubmlttal-Your Letter of $eptember S, 2007
Fleference is made tq.-y-o-Y.l letter of September 5,.2007 regarding the dralt contingency plan for Dsnison,swhito Mesa Mill (the..Mlll"), ln your leiter you set out sEvdral co-ncerns rolating to*tl.re iraft Contingency planthat you ask us to addres$, and you reque-st that we revi"" anO r+suUrnlt the plan.
Enclosed with this lett€r is a revised oraft contingency Ptan lor the Mill, marked to indicate changes over theApril7,2006 version.
We respond to your questions as follows (your questions or cornments are repeated below in italics, followed byour response):
t 7. The ownership of the Mitt has changed since Aprilt, 2006. please revise the Conthgency ptanv accordingly-
Tho ownership of the Mill has.not changed; lgryever, the name of the operator of the Mill was changed inDecember 2006 from International uranium (uSA) corporut,on to Denison Mi;e; iGAi corp. This change hasbeen incorporated into the attached revised Oratt Ftan.'
2' Now that the Cett 44 retrofit has-bean epproved, both DMT and BArsfandards appty to the Mil site.P/oase revise the Contingency plan accordingly.
The Mill's DMT Plan is currently in the process of being revised to includa cell 4A. lt is therefore pr.mature atthis time to revise the Contingency plan to lncorporato OtUf for Cell 44, Once me revLeJOMT plan has beenapproved by the Exec{tive Secretary, Denison will revise tne coniingency plan accoroinjty and will submit therevised contingerrcy Plan to the Executive secretary ro,. approraL
"e-"-J
3' Yau note thal tho.conthlg.engy Plan pravides, in .se.ctiott 3.9(d) on page 5, that ,,tf it i5 conctuded that thecontamination is the result of current or past.activities at tne'iiii, i)ie ii'eiitiaie'iiientiat remediatactions, inctuding actions to restore and maintain grouiaiiteiiurtity ti iis)iii tiiipir*rt fimirs wilt not be
OCT-t?-?AA7 t5z@8 Fnom:DENIS0N NINES USRo To:918815334A91o Page:3215
exceoded at the complience monitoring point and that DMT witt be reestablished, as wett as actions thatmer?ly ellow natural attenuation to operate and actions that invotva apptying fir etteiit ConcentrationLimits (ACLs'} You ask thet we provida a detailed tist of actions in titi boitingeniy ptan
sectlon 3.4 of the Plan addresses the types of actiorrs that will be taken (1.e., the submittal ot a GroundwaterFlsrnediation Plan). section 3-4 describes, the types ol acrions rhat wil tir rir"n, in!;;;;;] rerms. As tho typeol remediation will_depend.on the specif ic circurnitances, it is not possibte 6 il;;yil;r;ipecific than asalready set out in Section 3_4"
In order to batter tie Section 3.9 into Section 3.4, we have added the following sentence to the end of Section3.3(d):
lf groundwater remcdlation is required, Denison will prepare and submit to thc ExecutiveSecretary a Ground Water Bemecliation Plan, a$ desbribea in Section 8,4 beiow, -
4- You note that the contingency Ptln.pravldg!,.,i!,r, s."?.!jon 4 on page 5, that,,part t.c.e ot the GWDp providesthat discharga of other compounds into the Mitt's tailings celli, sich as paints, used oll, entifreeze,p.esticides, or any other contamlnent nat de.fined as t ie.(Z) iaterial isfironionii.',- iiu-as* how thts affectsthe "current practice of disposing of paint chips . . . tn thd iailings calls?,
Ths Mill may dispose of dried paint chips or flakes on equipment or paint chips that may resutt from sandblasting or slmilar activitias. These are wastes generated in "onneciion witn'tire mirii"g'process and aretherefore 11e.(2) byprorluct material, This diffeisfrom disposalof pure unused, uncon-tdrninared peint, thar isnot a waste, into the tailings cell-s, which may nol ue r re,(a) nyproiluct material and, il not, would not be able tobe directly disposed of in the Mill,s tailings cells.
5' Saction 1 3-!c) on pege 6, You have asked .us.to change the words "incturltrtg without timitalion obtalningapprovalof" ta "including obtaining apprcvat of
We have made the requested charrge,
6. With respect b fie requlremenls set out in.sections .5.1 (a) thraugh 5.t(f) ot the plan, you have asked if Milloperations will be halted untilthe wastewater pool elavaiion nas iroppid back oeiii' ini minimumfreeboard level
section 5'1(c) of the Plan provides that upon disoovery, Mill personnel will cease to discharge any fuilhertailings to the subJect tailings cell, until such tlme.as adeqrai" treepoaro capacity e^isis in if,e subject tailingscell for the disposal of the-6ilings. Section 5.1 (d) providbs ff'at io ir,e extent redsonaoiy pirrtic*bte, withoutcausing a violation of the freeboard limlt in any itirir tailinis ."ir, nrirr p*r*onnet witt prorirfilv-pr*p ftuids fromthe subject tailings oell to another tailing$ cell until such tirne a* itre fri.board limlt rJr. ir'"-s,lu.,ect taitings coll isin compllance,
lf there ls nO room available in another cell, without violating the freeboard limit of such cell, then, as soon asreasonably practicable, Mill personnel will cease.to dischar[e anv iurtn", railings to inv ceii untit sucn tim6 asadoquate freehoard capacity €xists in all cells, we have aoteJ tlleJoitowing tanguage ro section s.1 (d):
lf there is no room available in arrother cell, without violating the freeboard limit of suchother tailings cell, then, as soon as reasonably practicable,"Miil perronnei wiit cease todischarge any furthertallings !o any tailings citiuntil CuJn'tim" as adequate freeboardcapacily exists ln all tailings cells.
OENISOJ)dJ
MINES
ocl-t?-?o@1 t6|o9 FroUNIsoN NINES usA To:9188153=L Paset4t16
7. Section 5.4, page g: Add paragraphs similar to 5.1,d), 5.1.e), and S.t.f)
Tha Permit already specifically addresses what must be done if the freeboard limit in Floberts pond isexceoded. Specifically, Part 1,D.3.(c) of the Permit statos that in the everrt that the wastewater elovationexceeds the maximum lavel' Denison shall remove the 6xc6s$ wastewater arrd place it into containment inTailings Cell 1 within 72 hours of discovery.
such.a specific provision does not exist to address exceedances of freeboard limits in the Mill's tailings cells.That is why tho procedures in-S99tion-5,1 (9), (e) and (f) are not repeated in Seotion 8.4. For exampts, giventhe specif ic wording of Part 1.D.3 (c) of the Permit, fiere is no need'to repeat Secrnn.'S.r iO) ano (e) ol theContingency Plan in Section 5.4 of the Contingency Plan. Similarly, part 1.D.3 ol the permit'cont€mptates thatthe lreeboard limit in Floberts Pond may be exceeded temporarily from time to time, anJ f ir", u Ty.hourwindow in which to get the solution levcls in Roberts Pond'downio tho maximum eievati;n betoro a violatroncan be issued under the pemit. Therelore, we do not belleve that it is nei"isaiy io purfor* a root causeanalysis for exceedances of freeboard limits in Floberts Pond, as is requircd tor J*ceioences of freeboard timitsin the tailings cells.
Accordingty, we have not added paragraphs similar to 8.1(d), (e) and (f) to section 5.4.
8- Sectrbn 5-5, page g: whet witl be done shoutd it be dlecovered thar fdadstoci containers are taaking?
We have added the fottowing as a n6w Section S.S (c)(iii):
(iii) to the extent thet any such containers are observed to be leaking, such leakingcontainers willbe placed lnto watertight over-pack containers, and arry imi'acted soils wiltbe rernoved and will be deposited into the Mlli,s active tailirrgs cell; and
9. lyction 5.8, page t 1: Provide more detaits on what wilt be done upon discovery of a failure to comply withStormweter Manegement and Spitt Control Raquiraments, such as method for ite,an-uj
We have added the loflowing as a new Soction S-g(c):
(c) To the extent still practicable at the. time _oJ discovery, Denison will manage any suchcontaminant spill in accordance wlth the Mitt's approved Stormwater Best 1iinagtmentPractioes Plan. To the extent it is no longer pra'ctlcaute to so manage any srJh spitt.Denison will agree with the Executive Secreiary on appropriate cteln uri inJ o1'ermeasures.
lf you have any questions regarding the foregoing, or require any further information, please conlacl theundersigned.
Yours very truly,
Hon F, Hochstein
Harold R. Floberts
Steven D, Landau
David Turk
Presideht, Regulatory Affairs and Counsel
DENISOJ)dJ
MINES
oCT-L?-?a@1 t6:@9 FronT:NiSON NINES USR To:9184153*rb
WHITE MESA URANIUMMILL
CONTINGENCY PLA]\
As Requircd [Inrler p&rt I.H.16
of
sratc,f Lltah Grouudwatcr Discharge pennit No.uGW3?0004
Prepared by:
Denver CO 8(J2(i5
@aaCFZ
Paee:5216
en+$mqpq$9!_Mines (US A ) Corp,erefio*
1050 ITrh Street, .Suitc 950
I Draft Date: li4ur<#4trgg1obElJll, ZAfFd
ocT-7?-?aa7 t6:o9 FroUNisoN NINES usA To:9188153=Orl PaeetTtIS
Thc State of l,tah has gritnLed Cround Warer Discharge permit No. UGW3700O4 (the"CWI)P") rO, (USA) Cory.or&$ieR,s("[J$Al)cnison's") white Mesa urauium Mill (the'Mill'), rn] cwnp specifics thcconstnrction, opurilt"ion, and monitorirrg rccluircment$ for all facilities flt thc Mill that havea poLentinl to disr-:ltarge. pollutants directly or irrrlirectly into grourr6watcr.
7,. PURPOSE
'l'his C-'ontiflgency Plan (the "Plan") providet a detailed list of nctiotrs {Js.{Denison willtale t1 lcgain c:,ompliance wirh (iwDP liurits antl Discharge Minimizarion fffiot,ogy("DMT") rctluirc,mcnts defined in Parts t.C zurrt I.D of ttre-cwop. Thc timcly.n""uiionof contingerrcy and coffective action.c oul.lined in this Plan will pr.crvitle [J$.ADeUisonwith thc basis Lo exercise the Affir:urativu Action Defense prnrriiion irr part t.c:Oi*f U.Ciwl)P and thcreby avoid noncompliaucc stal,us and potential euforccrnont actioni.
Thc contingency ac:tions rcquirerl lrr rcgain complianco with GWDp lirnils and DMTrccluirements defined in parrs I.c and LD of the GwDp arc clc.,icribed below.
3. GROI]NDWATE,R CONTAMINATION
Sirrr:e Lhere are many diffcrcrrt. possible scenarios that ccruld potentially give rise t'grountlwater contamination. autl since thc developmr-,nt and hnplemeruafion of arcmcdialion plogram will nortttrtlly be specitic to each 1:rartioultu sce[ario, this plan docsrtot orrtlinc a definitive remediatiott prr)gram. Rather, this plun clcscribes thc steprs thatwill he ltrllowcd by l+*$ADcnisoq in the eveut {usADerriau is found to be out ofcompliarrce with rcspect to afly r:onstituent in arry nror*t*ifu well. pursuaut to parr I.C.2of thc GWDP.
W}en the concen[ation ol'rTry paramoter in a compliance nronitoring well is gut ofcourpliunce, u$A,Denl!o! will, sut:.ject to specit)c lcquirements of tire bxecutive
WM'I'U MIT$A T.IRANIUM MILL
CON'I'INGENCY PLAN
. State of Utah (Jrourrdwuter Dischargc permit
No. UGW370004
I. TNTRODUCTION
I Part I.G.3.c) of the GWI)P provldes that, iu the evcrnl a c,lrmpliance actiou is iuitiutcd againstus*tlgqilq! tbr violatiorr of pcrmit conrtitirrns relatirrg tu bcist availabte rechnology o,. bur,tusADeuis! rrrly affirnrativcly defend aguinst that action by denroust,.lring rtrat ii has made appropriatcnotiticui.ns, that the tailu'c- rvus n.t inteniional or caused uy l+ls+pEouqtr:* negligencc. thatru$ApqlinrE has taken adequate fllcasurcs tr.r nleet pc.rnrit jonditi.r,r,, 11 g timety minne, or lus submittednn udl:qttaie plan and schedulc lor meeting pcrmit co0clitions, und rhflt (he provirions of UCA Ig-S-IU7have rrot been violatcd.
Draft Datc: l,lnrcn++AEgbgfl_0, ZOe6d
ACT-t?-"qO7 !5:t@ To:9188153*T Paee:8215FrominENISON I'IINES USRo
secretary a's sct forth in any notice, otder, reiuodiation plem or thc equivalent, irnplementthc t'ollowing proce.ss;
3.I. Nqtificarion
ilJS+U9lEon will notify thc Executive Secrctary of thr: out ol'c:ompliance .rtatus wirhin24 hours after dctcction of that status followed hy u writtcn notice within 5 days aftcrldetection, as rcquiretl under part I.G.4.a) of rhc: GWDP.
+JSADeobon will contittuc accelerRted samplin_g t'or rhc pirameter in thar courpliarrcemonitoring wcll pursuant to parl I.G.I of thecwt:p. unlcss t]re Executiv" s;;;;,clctermines that othet periodic sampling is appropriare, rrntil rhc I'ncility is Uroug1iiilto
couqlliarrr:rr, as required under part I.G.4.b) of the GWDP.
II'the accelerated monitoriug tlunon$trate.t that the Mill is rt1 longer out of compliarrcewith respect to a parorrrctsr hr it weil, then, with the writtcn .rpproval of the F.xec:utiveSecretary, {USADeIrispg will c:sase accelerated nronitodng fui the parameler, aud nofurther steps will be lirllowcd by rus*Denuog with rcspc-ct r..ruch parameter.
3.3. Submission of PLur and Timetable
lf the acceleratcd monitorilg confirms that the MiU is out of tompliance with rcspccr ro aparamcter ir a wel[, t]rcn, within 30 doys of snch confirmation, lu+,qDeniie! *i1preparc and suhnrit to tltc Executivc Secretary a plan ancl a time scSedulc t'or as$essme.nrof the sources, extcrt ancl potential d,ispersiori ot'ihe contamination, an<l an cvaluation ofpotential remedial actiott ttr restore and nraintain grountl water quality to ensuro thirtpelruit limits will not bc cxceeded at the conrpliancc rnonitoring poinl arrcl that DMT willbe ree.'itehlisltctl' as requircd ttnder part LG.4-c) of the Gwt)p. *I'his
plan will normallyinclude:
'Ihe requiren:ent for rus,+Dexrson to prepalc a dctailed ancl co,rprehc'sive
operational hislory of the facility and.rurrotrnding areas which explores allactivities that mrry have contributed to thc cuntariination;
A rcquirenrent for l{J$,{Dguilon tcr complcre an evaluation, which rnay includegeochcurical and hydrogeological unalyscs, to determine wlrethcr or not thecontattdltation was caused by Mill astivitics or was causcd hy nahrral forces oroffsitc irc:tivities;
lf it is stlncludcd that the contamination is the resulr of currcllr or past activitiesat thc Mill' {t+sADE4Iso! wiil prepare a characteriz.ati,n Rcport, whicrrcharactcrizes the physical, chemic:al, and radiologicar extent of the grouncl watercoulalnination. This will rrormally include a descriptiun uf any adrlitional wcllsto bc used or insralled to characte.rize the plunre oo,i th. hytlr'ieologic
3.2.
a)
b)
c)
DraftDate: *+affilr++Ocebera0,Ze0b7 4
ocT-t?-?@47 t6:1@ Fr" om: |IENIS0N NINES USR To:918015334A97o P ase :9t 1,6
charactcristics of the affccted zotlc. thc analylical parameters to [rt: obtuinetl, thc
sirrnples of ground water to he tuken, and any other mcans to nreasur.c and
characterizc the affectcd grorrnd wflter and contaminatiorl zone; and
d) If it is cortclrrdecl that the contaminatiorr is thc rcsult ol current or past activitics
at the Mill' ilJS'+D*u!()E will cvaluate potcutial remedial actions, incllclilg
actions to rest,ore and maiutain grountlwatcr quality to ensure that pcrmir liriitswilll]ot bcr sxsssflgd at the compliarrce monitbringpoint and rhilt.IjMT will bereestablished, as well as actions thal merely allow natural attenuution to operatc
ancl actions thot involve applyiug Ibr Alternate concentration Limits (.,niLs,').
i.son will
.1.4. GroundwaterRemediationplan
If the Executive Secretsry dcturrnines that gpound watcr rcnrerliation is needed,fiJ$ADguisan will subnrit a Grourrd Water Remecliation Plirn tu the Executive $ccrctarywithin the lime frame requestc.d by the Executive Secretary, T]re Cround Water
Remediation Plau will nornurlly inclucle:
a) A desffiption auclschedule of how +t+$-+D-giU will implenrent a corroctiye
actiott progr arn that prcvents contaminant.s ti'orn ,^.r",lirrg the groulcl warerprotecrion levels or ACLs at the cornpliancc uroniroring poin(s) or othcrlocations approvetl hy the Executive Secret.ary, by removing the contafitirrunts.
treating tlrcm fur place, or by other ,ocan$ as approvcd by the Exccur.ive
Secretaryt
b) A_descriptir'rn r.rf thc rcrnediation monitoling progxam to demonstr.atc the
ef'frctivcucss r"rl' tlre plan; and
c) De.scriptions ol lrow cottcctive actiou will upply to cach sourcc ol the pollution.
t+lSADg!i$9! will irtrplement the Gtouurl Wirler Remediation plan in acconlance with aschedule to be suhmittccl by lus*Dgulg! and approved by the Executivr: secretary.
4. MILL DISCHARGE VIOLATIONS - INCLTIDIN(; TINAUTHORIZEDDISCHARGI] (.)R RELBASE OF PROHIBITED CONTAMINANTS TO TIIITAILING CELLS
Part I,C.2. of the GWDP provides that only I I e.(2) by-product uratuial uuthorizert hy thcMill's State trl'fltah Radiooctive Mater:ials License rrrt. ur-ztOO47g (rhe.,Raclioactiirc
Materials Licfitse") shall be dischargcrl to or disposed of in rhE Mill's tailing.s cells.
Draft Date: I4nr€H+AqgbeLlA, ZOWZ
OCl-7?-?@@7 t6tt|From:nENIS0N MINES USAt To:918815334?97o Pase: 11u 16
b)
c)
Apply to the F.xcclrtive Sec.retary f'or any afllcnchrcnts that may be requir.crJ ro thecwDP and the Radioactive Materials Lisensc to properly accommodatc thc
pel'mzuIcnL disposal of the Unauthoriz,erl Material in the Mill's tailings cells in armruIcr thal. is protective of hcalth, .ral'ety and the enviroruncuti and
Makc all applications requilcd undcr [re united states Nuclc:ar Regulatory
commission's ("NRC'ri") Non-l le.(2) Dispo.sal ptrlicy, including n*h€-r+limitetisrmhtaining appro_val of the l')epzutincnt of Energy as thelong rerm
cust.odinn of thc Mill's tailings, in ordcr t0 obtain approvat to pcrnranently
disposc of rhe unauthoriz.ed Matcrial iu the Milr's tailing* celis.
DMT VIOLATIONS5.
5.t.
Paft I'D.2 ol'lhe CWDP plcvidcs that auftorized operation and rnaximum disposal
capacity itr cuch of the-cxisting tflilitg.\ uells shall nqt exceed rltc lcvels authorized by thcRadioactivc Mul.erials License ancl tltat under no circumstances sh*ll [he. freeboar.rl hc tcsstharr tlrrcc fcr:l, a$ measured fronr thc top uf lhe flexihle nrernbrzurc liner (..FML,,).
ln thc cvent that tailings cell wastewilter pool elevation in urry lailings cell exceeds 1hemaxittturn elevations manrlatcd by Part t.D.2 of the (iWDP, iUS+D*$", wilt, subjccr toany spccilit: requiremcnts of the Excc:r.rtive Secretary as sct lbnh in any notice, p.dci.,
remetlintion plan or thc equivalent. irrrplement the fbllowirrg proco.ss:
a) upon discovery, thc Milr Manager or RSo will bo notified immediatcly;
b) tgSAIlglUAtl will provide verbal notificarion ro ther Executive Secretary within
24 hours of discovery followecl by a written notifir:ation within tive tlays ol'
di.scovery;
t:) Upon discovery' Mill persotutel will ceasc to clisr:harge any further tailings to thcsubject tailings cell, trutil suc:h time as adequatu frr:r,buard capacity exlsts-'fur the
sub.jecr tailirrgs ccll lilr the disposal of the tailings:
d) To lhe extent reasouatrly practicable, without causing a violation of tlrt: lie.eboardlirnit iu ary other tailings cell, Mill personncl will piomptly punrp tluirls Itom thc
lubject tailings cell to another tailing.s cell until such tim. as-the iieeboartl Iimitfor the .<lrhject tailings cell is in compliance
Drall Date: Mar€hSIgqAbqJ,Z\W 7
ocT-te-?@O7 L52Lt Pase t 7?t 16
If it is rot rea$onably practicahle to pump sul1ic:ien( solutions trom the $ub.icct
tailings cell to another tailings cell. thcn thc solution levels in rhe srrlrject tailings
cell will be rcduced thrtrrrgh natural evaporation; iurd
rus+pguisa$ will pcrl'orm a root cause anarysis of thc cxccetlance and will
implement new ptr:ccdurc$ or changc existirrg proccclurcs ro minimize the chancc
of a rccurrence,
5.2.
I Purr I'f).1.b)I) of the CWDP pt'ovides that ltlS'4Dcnison shall at all rinres nraintain lhe
average wastewater head in thc slirlrcs rlrain access pipe in Cell 2 to bc as lgw as
reauonably achicvable, in act::ordiurt:t': vi1[ a DMT Monitorirrg Plan apprtrvetl by the
ExccuLive Seuetary pur.cuant to Part I.H. l3 of the CWDP, and rjrat tor C.rtt 3, this
rcquirr:rrrent. shall apply only after: initiation of cle-watering operations.
ln the event that tlre trveragc werstewuter head in the sliures clrain access pipe fbr Cell 2 or,
after initiation of de-waterirtg activities. Cell 3 exceeds the tevcls spccifieti in the DM't'
I Monittrring Plau, ffJSADE"ison will, subject to any specific requircnrcrrts 9f the
Excctttive Sec.retary as seL furth in any notice, order, remediation plan or the equivalent,
implement the followinB ptocssri:
a) Upon discovery, tltc Mill Munager or RSO will [rc norilied immediately;
b) Mill pcrsonnel will promptly punrp the exce.\s lluid into an active tailings cell, orother appropriirtt: cuntainmcnt or evaporation lar:ility itpprovcd by the Eigcurive
Secretary;
c) [f the cxceeclutrse is thc result of equipnrer:t failurc, Mill personncl will attempr
to repail or ruplace the cquipment;
I al If the cattsr: oI the exceedance is not rccrilicd within 24 hours, {tl$&Dcu5$ will
provide verhal no(ific:ation to the Exectrtive Scr:rctury within the er*,ri,rg 24
hours t'oll.wetl by a wrirten notificati.n within five riays; und
| ") If not clue to an irlcntil'ied equipment failurc, {USADenim! will perforur a rool
causc analysis of thc exc:eedance and will implcrncnt new procedures or charrgc
existing procetlures to nriuimizc the chance of a rccurrence.
5.3. F.xcgss EL:vation Fo{ Tailings ti,olids
. Paft I.D.3 h)2) of thc GWDP provides rhat uporr ck;sure of any railings ccll,
| +US*pgtj-t}! .thall e,nsure that thc nruximum elcvation of theiailingr:, wilstc solids doesnot excccd the top of the FM t..
FrorUNIsoN NINES usA To:9180153=*rb
e)
I tlraft Date; Marehltoqlg@,IOW I
' CICT-1e-?Z@7 t1t l-t From:DENIS0N NINES USRo To:918815334497a Pase: 13215
in the evcnt [hat, upol] c:lo$ureof any trrilings ccll, ths maximum elevntioll ol'the taililgs
waste solids exceecls the top of ttre FMI., [JSADenison will, suhject to any ,rpecificrequil'clll$rtu of the Executive Sccrttary fl$ $et forUl iu any nolice, order, remidiatiop planor thc equivalent, impleurent the lbllowing proce$ri:
a) Upou discovery, thc Mill Munager or RSO will bc netified immediately;
b) usAl:enlpgg will provide vert'ral norilicatiou to the Executivc Secretary withir
24 houns of rJisurvery fhllowed by a written notification within livc days of
discovr.:ry;
c) Ttr the extcnt reasonably pructicable, without causing a violatiorr of the Iieehr.rarcllimit in any other tailings crdl, Mill personnel will pi'ourptly remove tuilings
solids lrom the subject tnilirrgs r:cll to anothe.l tailirigs cJ[,-,,. other locatitin
apptovcd by Lhe Exccutive .Scuc.tary, uutil such tirne ns thc lnaximum elevatiorrtrl'the tailings woste solid$ in the subject tailings cell rkrcs not exceed rhe top ofthe FML; and
d) gJ$+De.niso[ will pcrtonrt a root cause anatysis ol-the exceedance ancl willimplenre[t new procedurcs ot'change existing proc:cdure.r to minimize thc c]ranceof a rccumence.
5.4. Roberts Ppnd Wastewatcr Elevation
Part [,D.3 c) of the GwDP provide.s that the Perrrrit.tee shall operute Roberts pod su as toprovide a minimurrr 2'toot Iieeboard at all timcs *rrd lhat undir no circurrrstances shallthc wate.r leveJ in Roberls Pontl excecd an elevation of 5,624 fcet ahovc rucan sea lcvel.
In the event drat the wu'ilowatcr elevation exceecls this maximum level, #$ADenisonshall remove the execss waritewatcr and placc iL in(o containment inTrrilings C;l l--within 72 hours of discovcry, as specifiecl in part I.D.3 c) of rhe (.iwDp.
In the cvcnt that, IUs+D%i€gg lirils to so remove any sur:h excess wa.rrewfltc.r,ruS+pentsol will, sutrjcct. lo any specific requirements of the Execurive Secrctary as settbrth in uny notice, orclcr, rcmediation plan or:tlrr, et{r.rivalcnt, inrplemcnt the following
l)l'L)rlL)s.$:
a) Upon discovery, the Mill Manager or RSO will be norifled inrmc6iately; and
b) {+Js+Dedlgtl will provide verhnl notilic:ation to the Executive Secretary withi,
24 hour.s of discovury followed hy a wdtrcn notification arrd proposed correctivcactions wirhirr livc days of discovery.
5.5. Feedsrock Storaqe Area
Drafl Dat.e: Ma*e*++Aqlqbqi_e,Z}CFd g
OCT-t?-?q@7 L6t1,?From:DENISON NINES USF To:918O1 P ase z 74/ 76
Part I.D.3- d) of thc GWDP provides thst opcu-irir or bulk storage of all fccdstock
n'latcdals a[ the Mill facility awaiting Mill proccssing shall bc limiterl to thc r.;utem
Portion of Lhe Mill site alea dcscriherl in Table 4 of the GwDp, ancl that storage of
I'cetlstock matffials at thc fhcility outside that area shall bc: perlbrmed and nraiutair:ccl
only in clo.sed, watertiglrt containem.
In the evcttt tltat., storage of any feedstock at thc Mill is not ip cornpliarrce with therequirenrcnts specified in Part I.l).3. d) ol'the CWDP, {JS*D-rct!!qt wil[, subject to allyspecific rcquirurnenls of the Execftivc sccretary a.s set forilr in zury ilot"ice, ord.r,rerrrediatiou plan or the cquivalent, irnplc:rnsnt the fbllowing proccss:
a) upon discovel'y, rhc Mill Manager or RSo will he notified immediately;
h) fiJSADgluql will provide verbal notification to the Executivc Secrerar:y wirhin
24 hours of discovery followed by a writterr notitjcatiou within five dayi ofdiscovery;
c) Mill persorrnel will:
(i) lltove ilny opcn'air or bulk stored f'eedstot:k materials to rhe portion of lheMill sirr: area described in'l'ablc 4 of lhe CWDp:and(ii) elrsLl.rc tltat any feedstock matcrials thal are stored outsiclc of the areadescrilrccl irr Table 4 of the GWDP arc stored and maintainod irr c:losedwater:-tight contaiuers; an<l
to he
5334A97o
d) +t+s*D9ltilg will perforur a rooL cause analysis of the non-compliant activity
and will irnplement new proccclttrcs or change exi.stirrg proc:edures to milinrizc
the chsncc of a recuncnce.
5,6. Lail_S.uc Ctrernicat ner
Part I.D.3. e) of thc GWDP provides that for all chernical rcagents srorcd ar existingstorage facilities,It+SADslrron shall provide scr:ondury contiinnrent to capture anicontain all volurtre.r of reagerrt(s) that might bc rclcased at any irrdividual .*tr.og, urur,and that for any new construction of rcagent storage facilit.icsl thc secoudary c'.o"utailmenl.and corttrol shall prevent any corrtar-t ol'the spilled- reagent with the grrcund .surfacc.
lD the evenl ihat lt+S+!eni!Q[ does not provitle thc requirecl sct,onduy conrainrnentrequired urrder Part t.d.3. e) of thc GWDp, uti-Algqboll will. sub.iccr to ony spe"ificrequireurcnts of the Executive Sccrctary as set forth in any nolic:e. order, remcdiarion planor the equivillent, implement tlrc lblk:wing proccris;
Draft Date; l*,sr€t+3l.OctobgilQ, 20062 l0
OCI-L"-"@@7 t6t7?Pase: 15215
uporr discovcl'y, lhe Mill Manager or Rljo wil be notified immediately:
IU$Apeniso! will provide vcrbal nr.rtifiontion to the Execurivc Secretary withiu
24 hours of discovery followcd by a writtcn norification within live days of
discovery; and
{us+pgglQl] will promptly remediate any spillerl rc-agcnr resulting tionr thc
failute to provide the requirerl secondary contuinmcnt under Part l.cl.3.e) of the
GWDP, by removal of the contalrlinaled soil and disposai in the active tailings
cell.
5.7. Failt+te to Construct as pcr Apprrrval
Part I.D'4 of the CWDP pxrviclcs tltirt any c.onstruction, nroclitication, or operation of ncw
w4.ste or witstowater disposal, trealnrcnt, or litorage facilitie.s shall rccluire submittal of
crrgineering design plans and spccifications, and prior Execut"ive Sccrctary review and
approval, eurd that a C()n$truction Permit may be issued.
In tlrt: t:vcnt [hat, any new wastc ot wnsl.ewater disposat, trcatfircul., or storage facilitics
are $(tn$tntcted at the Mill facilit.y without obtaining prior Execntivc. Sec.retary review
artd approval, ot any such thcilities ilre not con.$tructed in accorrlance with the provisiuns
of ary applicable conslnrction Pcnni{., lt*s,+Dcuiso! will, subject to any spe"ific
rcqttircrtrenls of thc Executivc Sccrctury as set tbrth in any uoticc, order, remecliation plan
or thc cquivalent, implemerrt thc following process:
a) Upon discovcl'y, the Mill Manager or RSO will be notified in:rnccliarcly; und
b) t+JtiADenrlqr will pruvitle verbal notification to the Executive Secretary within
24 hours of discr.rvcry followed by a written notification and proposecl concctiye
actions within live days of discovery.
Purt I.D.8 of the GWDP pnrvides that lu{i,\Dcr)i$ol will manage. all contact and non-
c:ontact stormwilter aud conl.rol contaffiinarrt .sllills at the Mill facility in accordance with
air approved Stornrwatcr Bcst Mlruragcmefit Practiccs Plan, pursuant to Part LH.t] of the
GWDP.
h the evcnt that nuy c,ontact or non-coutact stormwflter or contaminant spills are not
managed in accorclancr: with the Mill's approvcd Stormwater Be.st Management practices
Plan, trUS-ADerrison will, subject to any specitit: requirements of the Excc:utive Semetary
a$ set fofth in arry noticc, order, remediation plau or the equivalerrt. implcrnent the
following proccss;
a) Upon discovery, the Mill Mantrgur or RSO will he notiticrl irnmediatety;and
Fronrf:NISON MINES USA To:9180153=Orj
a)
Lr)
c)
5,8.
I Drati Dute: Ma+ets&Leqllehell0,2006] ll
ocr-t?-?aaT t5zt? FroUNIsoN NINES USR To:918@15334?91o Page: 16216
h) ItJSADeni$on will provide verhalnotilicatir.rn to the Exccutive Secrctary within
24 hours ol discovcry lirllowed by a written notification atd proposcrl currective
actions within fivc days ol'cliscovery; lry!
gl-'To-lhe-Erteu-sli
Draft I)ate: +*rrc++Actobef-10, 20067 12
W
NI TJC
Tel:[phone]
Fax: [phone]
April 7,2006
VIA US MAIL
Mr. Dane L. Finerfrock
Executive Secretary
Utah Radiation Control Board
State of Utah Department of Environmental Quality
168 North 1950 West
Salt Lake City, UT 84114-4850
Re: Draft Contingency Plan for White Mesa Uranium Mill, as Required Under
Part 1.H.16 of State of Utah Groundwater Discharge Permit No. UGW370004
Dear Mr. Finerfrock:
Enclosed are two copies of the draft White Mesa Uranium Mill Contingency Plan for your
review and approval, as required under Part 1.H.16 of State of Utah Groundwater
Discharge Permit No. UGW370004.
Vice President and General Counsel
cc: Ron F. Hochstein
Harold R. Roberts
David Turk
1050 Seventeenth St., Suite 950
Denver, Colorado, USA 80255
, *rr*l,o*or u RAN' u M (usA) coRPoMTroN
[e-mail]
www.intluranium.com
'"ilh
WHITE MESA URANIUM MILL
CONTINGENCY PLAN
As Required Under Part I.H.16
of
State of Utah Groundwater Discharge Permit No.UGW370004
Prepared by:
International Uranium (USA) Corporation
1050 lTth Street, Suite 950
Denver CO 80265
March 31,2006
Draft Date: March 31,2006
Page
No.
31.
TABLE OF CONTENTS
INTRODUCTION
PURPOSE
GROUNDWATER CONTAMINATION
Notification
Continuation of Accelerated Monitoring
Submission of Plan and Timetable
Groundwater Remediation Plan
4. MILL DISCHARGE VIOLATIONS _ INCLUDING
UNAUTHORIZED DISCHARGE OR RELEASE OF PROHIBITED
CONTAMINANTS TO THE TAILING CELLS4.1. Notifications
4.2. Field Activities4.3. Request for Approvals and/or Waivers
5. DMT VIOLATIONS5.1. Tailings Cell Wastewater Pool Elevation Above the Maximum
Elevations
5.2. Excess Head in Tailings Cells 2 and 3 Slimes Drain Systems5.3. Excess Elevation For Tailings Solids5.4. Roberts Pond Wastewater Elevation5.5. Feedstock Storage Area
5.6. Mill Site Chemical Reagent Storage5.7. Failure to Construct as per Approval5.8. Failure to Comply with Stormwater Management and Spill Control
Requirements
J
4
4
4
5
6
6
6
7
7
7
8
9
9
10
10
11
Draft Date: March 31,2006
WIIITE MESA URANIUM MILL
CONTINGENCY PLAN
State of Utah Groundwater Discharge Permit
No. UGW370004
1. INTRODUCTION
The State of Utah has granted Ground Water Discharge Permit No. UGW370004 (the
"GWDP") for International Uranium (USA) Corporation's ("IUSA's") White Mesa
Uranium Mill (the "Mill"). The GWDP specifies the construction, operation, and
monitoring requirements for all facilities at the Mill that have a potential to discharge
pollutants directly or indirectly into groundwater.
,PURPOSE
This Contingency Plan (the'oPlan") provides a detailed list of actions IUSA will take to
regain compliance with GWDP limits and Discharge MinimizationTechnology ("DMT")
requirements defined in Parts I.C and I.D of the GWDP. The timely execution of
contingency and corrective actions outlined in this Plan will provide IUSA with the basis
to exercise the Affirmative Action Defense provision in Part I.G.3.c) of the GWDP and
thereby avoid noncompliance status and potential enforcement actionl.
The contingency actions required to regain compliance with GWDP limits and DMT
requirements defined in Parts I.C and LD of the GWDP are described below.
3. GROUNDWATER CONTAMINATION
Since there are many different possible scenarios that could potentially give rise to
groundwater contamination, and since the development and implementation of a
remediation program will normally be specific to each particular scenario, this Plan does
not outline a definitive remediation program. Rather, this Plan describes the steps that
will be followed by IUSA in the event IUSA is found to be out of compliance with
respect to any constituent in any monitoring well, pursuant to PartLG.2 of the GWDP.
When the concentration of any parameter in a compliance monitoring well is out of
compliance, IUSA will, subject to specific requirements of the Executive Secretary as set
forth in any notice, order, remediation plan or the equivalent, implement the following
process:
I Part I.G.3.c) of the GWDP provides that, in the event a compliance action is initiated against IUSA for
violation of permit conditions relating to best available technology or DMT, IUSA may affirmatively
defend against that action by demonstrating that it has made appropriate notifications, that the failure was
not intentional or caused by IUSA's negligence, that IUSA has taken adequate measures to meet permit
conditions in a timely manner or has submitted an adequate plan and schedule for meeting permit
conditions, and that the provisions ofUCA l9-5-107 have not been violated.
Draft Date: March 31,2006
Notification
IUSA will notiff 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 after detection, as
required under Part I.G.4.a) of the GWDP.
3.2. Continuation of Accelerated Monitorins
IUSA will continue accelerated sampling for the parameter in that compliance monitoring
well pursuant to Part I.G.1 of the GWDP, unless the Executive Secretary determines that
other periodic sampling is appropriate, until the facility is brought into compliance, as
required under Part I.G.4.b) of the GWDP.
If the accelerated monitoring demonstrates that the Mill is no longer out of compliance
with respect to a parameter in a well, then, with the written approval of the Executive
Secretary, IUSA will cease accelerated monitoring for the parameter, and no further steps
will be followed by IUSA with respect to such parameter.
3.3. Submission of Plan and Timetable
If the accelerated monitoring confirms that the Mill is out of compliance with respect to a
parameter in a well, then, within 30 days of such confirmation, IUSA will prepare and
submit 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 ensure that
permit limits will not be exceeded at the compliance monitoring point and that DMT will
be reestablished, as required under part I.G.4.c) of the GWDP. This plan will normally
include:
The requirement for IUSA to prepare a detailed and comprehensive operational
history of the facility and surrounding areas which explores all activities that may
have contributed to the contamination;
A requirement for IUSA to complete an evaluation, which may include
geochemical and hydrogeological analyses, to determine whether or not the
contamination was caused by Mill activities or was caused by natural forces or
offsite activities;
If it is concluded that the contamination is the result of current or past activities
at the Mill, IUSA will prepare aCharacterization Report, which characteizes the
physical, chemical, and radiological extent of the ground water contamination.
This will normally include a description of any additional wells to be used or
installed to characteize the plume and the hydrogeologic characteristics of the
affected zone, the analytical parameters to be obtained, the samples of ground
a)
b)
c)
Draft Date: March 31,2006
water to be taken, and any other means to measure and characteize the affected
ground water and contamination zone; and
d) tf it is concluded that the contamination is the result of current or past activities
at the Mill, IUSA will evaluate potential remedial actions, including actions to
restore and maintain groundwater quality to ensure that permit limits will not be
exceeded at the compliance monitoring point and that DMT will be reestablished,
as well as actions that merely allow natural attenuation to operate and actions that
involve applying for Alternate Concentration Limits ("ACLs").
3.4. Groundwater Remediation Plan
If the Executive Secretary determines that ground water remediation is needed, IUSA
will submit a Ground Water Remediation Plan to the Executive Secretary within the time
frame requested by the Executive Secretary. The Ground Water Remediation Plan will
normally include:
a) A description and schedule of how IUSA will implement a corrective action
program that prevents contaminants from exceeding the ground water protection
levels or ACLs at the compliance monitoring point(s) or other locations approved
by the Executive Secretary, by removing the contaminants, treating them in
place, or by other means as approved by the Executive Secretary;
b) A description of the remediation monitoring program to demonstrate the
effectiveness of the plan; and
c) Descriptions of how corrective action will apply to each source of the pollution.
IUSA will implement the Ground Water Remediation Plan in accordance with a schedule
to be submitted by IUSA and approved by the Executive Secretary.
4. MILL DISCHARGE VIOLATIONS - INCLT]DING UNAUTHORIZED
DISCHARGE OR RELEASE OF PROHIBITED CONTAMINANTS TO THE
TAILING CELLS
PartI.C.2. of the GWDP provides that only 11e.(2) by-product material authorized by the
Mill's State of Utah Radioactive Materials License No. UT-2300478 (the "Radioactive
Materials License") shall be discharged to or disposed of in the Mill's tailings cells.
Part I.C.3 of the GWDP provides that discharge of other compounds into the Mill's
tailings cells, such as paints, used oil, antifreeze, pesticides, or any other contaminant not
defined as 11e.(2) material is prohibited.
In the event of any unauthorized disposal of contaminants or wastes (the "Unauthorized
Materials") to the Mill's tailings cells, IUSA will, subject to any specific requirements of
Draft Date: March 31,2006
the Executive Secretary as set forth in any notice, order, remediation plan or the
equivalent, implement the following process:
4.1. Notifications
a) Upon discovery, the Mill Manager or RSO will be notified immediately; and
b) IUSA will provide verbal notification to the Executive Secretary within 24 hours
of discovery followed by a written notification within five days of discovery.
4.2. Field Activities
a) Upon discovery, Mill personnel will immediately cease placement of
Unauthorized Materials into the Mill's tailings cells;
b) To the extent reasonably practicable and in a manner that can be accomplished
safely, Mill personnel will attempt to segregate the Unauthorized Materials from
other tailings materials and mark or record the location of the Unauthorized
Materials in the tailings cells. If it is not reasonably practicable to safely
segregate the Unauthorized Material from other tailings materials, Mill personnel
will nevertheless mark or record the location of the Unauthorized Materials in the
tailings cells;
c) To the extent reasonably practicable and in a manner that can be accomplished
safely, Mill personnel will attempt to remove the UnauthoizedMaterial from the
tailings cells; and
d) IUSA will dispose of the Unauthorized Material under applicable State and
Federal regulations.
4.3. Request for Approvals and/or Waivers
If it is not reasonably practicable to safely remove the Unauthorized Materials from the
tailings cells, then IUSA will:
a) Submit a written report to the Executive Secretary analyzingthe health, safety
and environmental impacts, if any, associated with the permanent disposal of the
Unauthorized Material in the Mill's tailings cells;
b) Apply to the Executive Secretary for any amendments that may be required to the
GWDP and the Radioactive Materials License to properly accommodate the
permanent disposal of the Unauthorized Material in the Mill's tailings cells in a
manner that is protective of health, safety and the environment; and
c) Make all applications required under the United States Nuclear Regulatory
Commission's ('NRC's") Non-l le.(z) Disposal Policy, including without
6Draft Date: March 31,2006
limitation obtaining approval of the Department of Energy as the long term
custodian of the Mill's tailings, in order to obtain approval to permanently
dispose of the Unauthorized Material in the Mill's tailings cells.
5. DMT VIOLATIONS
5.1. Tailinss Cell Wastewater Pool Elevation Above the Maximum Elevations
Part I.D.2 of the GWDP provides that authorized operation and maximum disposal
capacity in each of the existing tailings cells shall not exceed the levels authorized by the
Radioactive Materials License and that under no circumstances shall the freeboard be less
than three feet, as measured from the top of the flexible membrane liner ("FML").
In the event that tailings cell wastewater pool elevation in any tailings cell exceeds the
maximum elevations mandated by Part I.D.2 of the GWDP, IUSA will, subject to any
specific requirements of the Executive Secretary as set forth in any notice, order,
remediation plan or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) IUSA will provide verbal notification to the Executive Secretary within 24 hours
of discovery followed by a written notification within five days of discovery;
c) Upon discovery, Mill personnel will cease to discharge any further tailings to the
subject tailings cell, until such time as adequate freeboard capacity exists in the
subject tailings cell for the disposal of the tailings;
d) To the extent reasonably practicable, without causing a violation of the freeboard
limit in any other tailings cell, Mill personnel will promptly pump fluids from the
subject tailings cell to another tailings cell until such time as the freeboard limit
for the subject tailings cell is in compliance;
e) If it is not reasonably practicable to pump sufficient solutions from the subject
tailings cell to another tailings cell, then the solution levels in the subject tailings
cell will be reduced through natural evaporation; and
0 IUSA will perform a root cause analysis of the exceedance and will implement
new procedures or change existing procedures to minimize the chance of a
recurence.
5.2. Excess Head in Tailines Cells 2 and 3 Slimes Drain Systems
Part I.D.3.b)1) of the GWDP provides that IUSA shall at all times maintain the average
wastewater head in the slimes drain access pipe in Cell 2 to be as low as reasonably
achievable, in accordance with a DMT Monitoring Plan approved by the Executive
Draft Date: March 31,2006
Secretary pursuant to Part I.H.13 of the GWDP, and that for Cell 3, this requirement shall
apply only after initiation of de-watering operations.
In the event that the average wastewater head in the slimes drain access pipe for Cell 2 or,
after initiation of de-watering activities, Cell 3 exceeds the levels specified in the DMT
Monitoring Plan, IUSA will, subject to any specific requirements of the Executive
Secretary as set forth in any notice, order, remediation plan or the equivalent, implement
the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) Mill personnel will promptly pump the excess fluid into an active tailings cell, or
other appropriate containment or evaporation facility approved by the Executive
Secretary;
c) If the exceedance is the result of equipment failure, Mill personnel will attempt
to repair or replace the equipment;
d) If the cause of the exceedance is not rectified within 24 hours, IUSA will provide
verbal notification to the Executive Secretary within the ensuing 24 hours
followed by a written notification within five days; and
e) If not due to an identified equipment failure, IUSA will perform a root cause
analysis of the exceedance and will implement new procedures or change
existing procedures to minimize the chance of a recuffence.
5.3. Excess Elevation For Tailinss Solids
Part I.D.3 b)2) of the GWDP provides that upon closure of any tailings cell, IUSA shall
ensure that the maximum elevation of the tailings waste solids does not exceed the top of
the FML.
In the event that, upon closure of any tailings cell, the maximum elevation of the tailings
waste solids exceeds the top of the FML, IUSA will, subject to any specific requirements
of the Executive Secretary as set forth in any notice, order, remediation plan or the
equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) IUSA will provide verbal notification to the Executive Secretary within 24 hours
of discovery followed by a written notification within five days of discovery;
c) To the extent reasonably practicable, without causing a violation of the freeboard
limit in any other tailings cell, Mill personnel will promptly remove tailings
solids from the subject tailings cell to another tailings cell, or other location
approved by the Executive Secretary, until such time as the maximum elevation
Draft Date: March 31, 2006
of the tailings waste solids in the subject tailings cell does not exceed the top of
the FML; and
d) IUSA will perform a root cause analysis of the exceedance and will implement
new procedures or change existing procedures to minimize the chance of a
recurrence.
5.4. Roberts Pond Wastewater Elevation
Part I.D.3 c) of the GWDP provides that the Permittee shall operate Roberts Pond so as to
provide a minimum 2-foot freeboard at all times and that under no circumstances shall
the water level in Robers Pond exceed an elevation of 5,624 feet above mean sea level.
In the event that the wastewater elevation exceeds this maximum level, IUSA shall
remove the excess wastewater and place it into containment in Tailings Cell 1 within 72
hours of discovery, as specified in Part I.D. c) of the GWDP.
In the event that, IUSA fails to so remove any such excess wastewater, IUSA will,
subject to any specific requirements of the Executive Secretary as set forth in any notice,
order, remediation plan or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately; and
b) IUSA will provide verbal notification to the Executive Secretary within 24 hours
of discovery followed by a written notification and proposed corrective actions
within five days of discovery.
5.5. Feedstock Storaee Area
Part I.D.3. d) of the GWDP provides that open-air or bulk storage of all feedstock
materials at the Mill facility awaiting Mill processing shall be limited to the eastern
portion of the Mill site area described in Table 4 of the GWDP, and that storage of
feedstock materials at the facility outside that area shall be performed and maintained
only in closed, water-tight containers.
In the event that, storage of any feedstock at the Mill is not in compliance with the
requirements specified in Part I.D.3. d) of the GWDP, IUSA will, subject to any specific
requirements of the Executive Secretary as set forth in any notice, order, remediation plan
or the equivalent, implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
b) IUSA will provide verbal notification to the Executive Secretary within 24 hours
of discovery followed by a written notification within five days of discovery;
c) Mill personnel will:
Draft Date: March 31,2006
move any open-air or bulk stored feedstock materials to the portion of the
Mill site area described in Table 4 of the GWDP; and
ensure that any feedstock materials that are stored outside of the area
described in Table 4 of the GWDP are stored and maintained in closed,
water-tight containers; and
d) IUSA will perform a root cause analysis of the non-compliant activity and will
implement new procedures or change existing procedures to minimize the chance
ofa recurrence.
5.6. Mill Site Chemical Reaqent Storaee
Part I.D.3. e) of the GWDP provides that for all chemical reagents stored at existing
storage facilities, IUSA shall provide secondary containment to capture and contain all
volumes of reagent(s) that might be released at any individual storage area, and that for
any new construction of reagent storage facilities, the secondary containment and control
shall prevent any contact of the spilled reagent with the ground surface.
In the event that IUSA does not provide the required secondary containment required
under Part I.d.3. e) of the GWDP, IUSA will, subject to any specific requirements of the
Executive Secretary as set forth in any notice, order, remediation plan or the equivalent,
implement the following process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately;
(i)
(ii)
b)
c)
IUSA will provide verbal notification to the Executive Secretary within 24 hours
of discovery followed by a written notification within five days of discovery; and
IUSA will promptly remediate any spilled re-agent resulting from the failure to
provide the required secondary containment under Part l.d.3.e) of the GWDP, by
removal of the contaminated soil and disposal in the active tailings cell.
Failure to Construct as per Approval5.7.
Part I.D.4 of the GWDP provides that 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, and that a Construction Permit may be issued.
In the event that, any new waste or wastewater disposal, treatment, or storage facilities
are constructed at the Mill facility without obtaining prior Executive Secretary review
and approval, or any such facilities are not constructed in accordance with the provisions
of any applicable Construction Permit, IUSA will, subject to any specific requirements of
the Executive Secretary as set forth in any notice, order, remediation plan or the
equivalent, implement the following process:
Draft Date: March 31,2006 l0
a) Upon discovery, the Mill Manager or RSO will be notified immediately; and
b) IUSA will provide verbal notification to the Executive Secretary within 24 hours
of discovery followed by a written notification and proposed corrective actions
within five days of discovery.
5.8. Failure to Comply with Stormwater Manaeement and Spill Conffol Requirements
Part LD.8 of the GWDP provides that IUSA will manage all contact and non-contact
stormwater and control contaminant spills at the Mill facility in accordance with an
approved Stormwater Best Management Practices Plan, pursuant to Part I.H.l1 of the
GWDP.
In the event that any contact or non-contact stormwater or contaminant spills are not
managed in accordance with the Mill's approved Stormwater Best Management Practices
Plan, IUSA will, subject to any specific requirements of the Executive Secretary as set
forth in any notice, order, remediation plan or the equivalent, implement the following
process:
a) Upon discovery, the Mill Manager or RSO will be notified immediately; and
b) IUSA will provide verbal notification to the Executive Secretary within 24 hours
of discovery followed by a written notification and proposed corrective actions
within five days of discovery.
l1Draft Date: March 31,2006