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Home My WebLink AboutDRC-2011-007388 - 0901a06880270f9fState of Utah GARY R. HERBERT Governor GREG BELL Lieutenant Governor Department of Environmental Quality Amanda Smith Executive Director DIVISION OF RADIATION CONTROL Rusty Lundberg Director September 14, 2011 CERTIFIED MAIL (Return Receipt Requested) Jo Ann Tischler, Director, Compliance and Permitting Denison Mines (USA) Corp. 1050 17"^ Street Suite 950 ' Denver, CO 80265 Dear Ms. Tischler: Subject: .. Settlement Agreement, Docket No. UGW11-02SA, Denison Mines (USA) Corp, (DUSA) White Mesa Uranium Mill, Blanding, UT, Utah Ground Water Discharge Permit No. UGW370004 Enclosed is a copy of the duly executed Settlement Agreement (SA), Docket No. UGW11-02SA. The SA is dated and effective as of September 14, 2011. Please ensure that the required payment is submitted to the Utah Division of Radiation Control within 30 calendar days of the effective date (by October 14, 2011) as required by item 5.a. of the SA. Please contact Tom Rushing at (801) 536-0080 if you have any questions conceming this matter. Sincerely, Utah Water Quality Board Rusty Lundberg Co-Executive Secretary RL:TR:tr Enclosure: Copy of Executed SA cc: Denise Chancellor, Assistant Attomey General (w/encl.) Rob Herbert, DWQ (Letter Only) F:\DUSA\UGW11-02\Final SA Docs\Final SA Transmittal Ltr.doc 195 North 1950 West • Salt L.ake City, UT Mailing Address: P.O. Box 144850 • Salt Lake City, UT 84114-4850 Telephone (801) 536-4250 • Fax (801) 533-4097 • T.D.D. (801) 536-4414 www.deq.Utah, yor Printed on 100% recycled paper Denison Mines. (USA) Corp. White Mesa Mill Settlement Agreement, Docket No. UGW 11-025A UTAH WATER QUALITY BOARD IN THE MATTER OF DENISON MINUS (USA) CORP. 1050 17™ STREET, SUITE 950 DENVER, CO 80265 SETTLEMENT AGREEMENT DOCKET NUMBER UGWil-02SA This SETTLEMENT AGREEMENT (hereinafter "AGREEMENT") is between DENISON MINES (USA) CORP. (hereinafter "OPERATOR") and the UTAH WATER QUALITY BOARD (hereinafter the "BOARD"), concerning violations oflhe Utah Waler Qualily Act (the Act), Utah Code Annotated ("UCA ") §§19-5-101 to -124, and the Utah Administrative Code ("UAC")R3J7-1 to-560. 1. The BOARD has authority to administer the Utah Water Quahty Act, and the Utah Administrative Code. UCA §§19-5-106,-115. I • .... 2. The CO-EXECUTIVE SECRETARY of the BOARD (hereinafter the "CO-EXECUTIVE SECRETARY") will administer the terms and provisions of this AGREEMENT. UCA §§19-5-106 and 115. 3. This AGREEMENT resolves violations 1 and 3 cited in the NOTICE OF VIOLATION and ORDER, Docket Number UGWll-02 (hereinafter the ''NOTICE") issued to the OPERATOR on May 9, 2011, by the BOARD. It does not in any way relieve the OPERATOR from any other obligation imposed under the Act or any other State or Federal laws. 4. The parties nov/ desire to resolve this matter fully without further administrative proceedings except to the extent provided herein by entering into this AGREEMENT. Entering into this AGREEMENT is not an admission of liability or factual allegation set out in the NOTICE, nor is it an admission of or an agreement to any disputed facts or disputed legal theories, nor is it an admission of any violation of any law, rule, regulation or pennit by the OPERATOR. 5. In resolution of the NOTICE referenced herein in paragraph 3, the OPERATOR agrees to the settlement terms stated in paragraphs a. and b. below: a. In resolution of violations of the NOTICE referenced in Paragraph 3 of this AGREEMENT, the OPERATOR agrees to pay a total penalty amount of $2,290.00 within 30 calendar days ofthe effective date of this AGREEMENT by check. The check wil] be made payable to the State of Utah, delivered or mailed to August 29, 2010 Docket No. UGWJ1-02SA Page i Denison Mines (USA) Corp. White Mesa Mill Seulement Agreement, Docket No. UGWl 1-02SA the Division of Radiation Control, Department of Environmental Quality, 195 North 1950 West, P.O. Box 144850, Salt Lake City, Utah 84114-4850. The penalty has been determined using the Penalty Criteria far Civil Settlement Negotiations, Utah Administrative Code ("UAC") R317-1-8 which considers such factors as the nature, severity and extent of the violations, history of noncompliance, degree of willfulness and/or negligence, good faith efforts to comply, and economic benefit. b. The CO-EXECUTIVE SECRETARY recognizes that per the NOTICE Part E.2. the OPERATOR was required to submit a report with revised statistics for Field pH to be used for the development of revised Ground Water Compliance Limits. The CO-EXECUTIVE SECRETARY received a request to extend the submittal date via e-mail on June 30,2011. This request also included a summary oflhe suspected root cause of pH exceedences, a discussion of actions taken, as well as recommended future actions. Based on the OPERATOR'S request, as well as additional discussion between the CO-EXECUTIVE SECRETARY and the OPERATOR, additional coordination needs to be conducted to proceed with the study. The CO-EXECUTIVE SECRETARY therefore considers the receipt ofthe June 30, 2011 OPERATOR request as having met the conditions ofthe NOTICE Part E.2., and recognizes that addilional con-espondence will be conducted outside of the NOTICE requirements. c. The CO-EXECUTIVE SECRETARY recognizes that all other required document submission items of the NOTICE Part E, other than the Field pH Report listed in item 6.b. above, were received on or before their respective due date. 6. The deadline stipulated in item 6.a. above may be amended by prior written mutual agreement of the panies. The party requesting the amendment must write to the other party 14 calendar days before the documented deadline and request an amendment of the deadline. The other party will either agree to or deny thc amendment in writing within 10 calendar days of receipt of the request. 7. Nothing contained in this AGREEMENT shall preclude the BOARD from taldng additional actions to include additional penalties against the OPERATOR for pennit violations not resolved by this AGREEMENT. 8. If an agreement bet^veen the OPERATOR and the EXECUTIVE SECRETARY cannot be reached in a dispute arising under any provision of this AGREEMENT, then the OPERATOR or the CO-EXECUTIVE SECRETARY may commence a proceeding with the BOARD underthe Utah Administrative Procedures Ac t, Utah Code Annotated §§63G-4-10J to -601 to resolve the dispute. A final decision in any adjudicative proceeding shall be subject to judicial review under applicable state law. Auoust 29, 20JO Docket No. UGWl 1-02SA Page 2 Deni.son Mine.s (USA) Corp. While Mesa Mill Settlement .Asreeinent. Docket No. UGWl 1-02SA 9. Nothing in this AGREEMENT shall constitute a waiver by the OPERATOR to raise in defense any legal or factual contention for future allegations of noncompliance. 10. Nothing in this AGREEMENT shall constitute or be considered as a release from any claims, to include natural resource damage chums, cause of action, or demand in law or equity which the STATE may have against the OPERATOR, or any other person, firm, partnership or corporation for any liability arising out of or relating in any way lo the release of pollutants to waters of the Stale. AGREED to this pt^day of'^J|p^OAjgX(/' . 2011. UTAH WATER QUALTTY BOARD DENISON,MINES (USA) CORP VIpkm FryJjenlund D&A Vice President and Counsel Rusty Lurwlberg Co-Exccuiive Secrelarv Auijusi 29, 2010 Docket No. UGWl I-02SA JD ru r-=1 LO ir n- • o a a r=l r={ a I-q • U.S. Postal Service TM CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provide For dellvery information visjt our website at www.usps.com@ . USE Postage $ Certified Fee RE:8/14/11; settlement agreement/ TR Jo Ann Tischler Denison Mines (USA) Corp 1050 Seventeenth ST, STE 950 Denver, Co 80265 P.S Form 3800. August 2006 See Reverse-fof Instructions.;