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Home My WebLink AboutDRC-2011-007528 - 0901a0688028440aDENISON MINES 0 Denison. Mines (USA) Corp. 105017th Street, Suite 950 Denver, CO 80265 USA Tel : 303 628-7798 Fax : 303 389-4125 www.denisonmines.com September 15, 2011 VIA FEDERAL EXPRESS Mr. Rusty Lundberg Co-Executive Secretary Utah Water Quality Board State of Utah Department of Environmental Quality 195 North 1950 West P.O. Box 144850 Salt Lake City, UT 84114-4820 Dear Mr. Lundberg: . . Re: Denison Mines (USA) Corp. Settlement Agreement, Docket UGWl 1-02, 30 Day Payment Demand This letter is in response to your letter dated September 14, 2011 which Denison received via e-mail on September 14, 2011 relating to the above-referenced matter. Enclosed please find a check in the amount of $2290.00 in payment of the imposed penalty for five violations cited in the Notice of Violation and Or(der dated May 9, 2011. If you have any questions or require anything further, please contact the undersigned. I • Yours very truly, DENISON MINES (USA) CORP. , • ^ /A - tf Jo Ann Tischler Director, Compliance and Permitting cc: David C. Frydenlund Ron F. Hochstein Harold R. Roberts David E. Turk EI^IISON MINES (USA) CORP. O M Vendor ID Name Payment Number Cheque Date Document Number UTA005 State of Utah 00000000000030325 9/15/2011 0054425 Our Voucher Number Date Amount Amount Paid | Discount Net Amount Paid UGW11-02SA 9/15/2011 $2,290.00 $2,290.00 $0.00 $2,290.00 $2,290.00 $2,290.00 $0.00 $2,290.00 DENISO MINES PAY TO THE ORDER OF DENISON MINES (USA) CORP. 1050 - 17TH STREET, SUITE 950 DENVER, CO 80265 Two Thousand Two Hundred Ninety Dollars and 00 Cents State of Utah 195 North 1950 West POBox 144850 Salt Lake City, UT 84114-4850 54425 WELLS FARGO BANK, N.A. Denver Denver, CO 80274 23-7/1020 DATE 9/15/2011 AMOUNT $2,290.00 State of Utah GARY R. HERBERT Governor GREG BELL Lieutenant Govemor Department of Environmental (Quality Amaada SnuUi E-ievutive Director DIVISION OF RADIATION CONTROL Rusty Lundberg Director September 14,20U CERTIFIED MAIL (Return Receipt Requested) Jo Ann Tischler, Directar, Compliance and Permitting Denison Mines (USA) Corp. 1050 17* Street Suite 950 Den\'er,CO 80265 - ' Dear Ms. Tischler: Subject: Settlement Agreement, Docket No. LTGW11-02SA, Denison Mines (USA) Corp. (DUSA) White Mesa Uranium Mill, Blanding, UT, Utah Ground Water Discharge Pennit No. UGW370004 Enclosed is a copy of the duly executed Settlement Agreement (SA), Docket No. UGWi I-02SA- The SA is dated and effective as of September 14, 201 i. 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, 20U) as required by item 5.a. ofthe SA. Please contact Tom Rushing at (801) 536-0080 if you have any questions conceming this matter- Sincerely, Utah Water Quality Board Rusty Co-Executive Secretary RL:TR:tr Enclosure: Copy of Executed SA cc; Denise Chancellor, Assistant Attomey General (w/encl.) Rob Herbert, DWQ (Letter Only) FM)L'SA\VGW1 l -02\Fmal SA DocsVFinaJ .SA Transmittaf Ltr.doc 195 North 1950 West • Salt Lake City, LT Mailing Address P O. Box 144850 • Sak Lake City. UT 84114 4850 Telephone (801) 536^250 « Fa,\ (801) 533^097 -TD D (80r) .•536 4414 www.detf.utah.gov Printed on 100% recycled paper Denison Mines (USA) Corp. White Mesa Mill Settlement Agreement, Docket No. UGW11-02SA UTAH WATER QUALITY BOARD IN THE MATTER OF DENISON MLNES (USA) CORP. 105017™ STREET, SUITE 950 DENVER, CO 80265 SETTLEMENT AGREEMENT DOCKET NUMBER UGW11.02SA This SETTLEMENT AGREEMENT (hereinafter "AGREEMENT") is between DENISON MINES (USA) CORP, (hereinafter "OPERATOR") and the UTAH WATER QUALITY BOARD (hereinafter the "BOARD"), conceming violations ofthe Utah Water Quality Act (the Act), Utah Code Annotated ("UCA") §§19-5-101 to -124, and th^ Utah Administrative Code ("UAC")R3J7-lto-560. 1. The BOARD has authority to administer the Utah Water Quahty Act, and the Utah Administrative Code. UCA §§19-5-106,-115. 2. The CO-EXECUTIVE SECRETARY of the BOARD (hereinafter the "CO-EXECUTIVE SECRETARY") will administer the terras and provisions of this AGREEMENT. UCA §§19-5-106 and 115. 3. This AGREEMENT resolves violations J and 3 cited in the NOTICE OF VIOLATION and ORDER, Docket Number UGWM-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 now desire to resolve this matter fully without further, administrative proceedings except to tbe 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 permit by the OPERATOR. 5. In resoiution of the NOTICE referenced herein in paragraph 3, the OPERAl'OR 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 of the effective date of this AGREEMENT by check. The check will be made payable to the State of Utah, delivered or mailed to .-August 29, 2010 Docket No. UGW t i-02SA Page 1 Denison Mines (USA) Corp. White Mesa Mill SeUlement Agreemenl, Docket No: UGWU-02SA the Division of Radiation Control, Department of Environmental Quality, 195 North 1950 West, P.O. Box 144850, SaU Lake City, Utah 84114-4850. The penalty has , been determined using the Penalty Criteria for 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 GO-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 devcJopraent of revised Ground Water Compliance Lirnits. 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 ofthe 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-EXECLTTIVE SECRETARY and the OPERATOR, additional coordination needs to be conducted tp proceed with the study. The CO-EXECUTIVE SECRETARY therefore considers the receipt ofthe June 30, 2011 OPERATOR request as having met the conditions of the NOTICE. PartE.2., and recognizes that additional correspondence will be conducted outside of the NOTICE requirements. c. The CO-EXECUTIVE SECRETARY recognizes that all other required document subrm'ssion 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. The deadline stipulated in item 6.a. above may be amended by prior written mutual agreement of the parties. The party requesting the amendment must write to the other party 14 calendar days before the documented deadline and request an amendment of the deadline. The other party will either agree to or deny the amendment in writing within 10 calendar days of receipt of the request. Nothing contained in this AGREEMENT shall preclude the BOARD from taking additional actions to include additional penalties against the OPERATOR for permit violations not resolved by this AGREEMENT. If an agreement between the OPERATOR and the EXECUFIVE 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 under the Utah Administrative Procedures Act, Utah Code Annotated §§6SG-4-10I to '601 to resolve the dispute. A final decision in any adjudicative proceeding'shali be subject to judicial review under applicable state law. August 29, 20JO Docket No. UGWi A Page 2 Denison Mines (USA) Corp. White Mesa Mill SeiiJement Agreement. 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 claims, cause of action, or demand in law or equity which the STATE may have against ihe OPERATOR, or any other person, firm, partnership or corporation for any liability arising out of or relating in any way to the release of pollutants to waters of the State. AGREED to this {4^day 0^*^!^^^<^k^ . 2011. DENISONMIJspS (USA) CORP jnlund DOSA Yick President and Counsel UTAH WATER QUALTTY BOARD Rusty Lufwberg (j Co-Executi ve Secretary Aususl 29. 2010 Docket No. UGWl I 02SA Pasc ^ Page 2 of 2 Shipmein Receipt Address Information Ship to: Ship from: Ml . Rusty l undberg M Goble l.'Eah Dept of Hnvironmeiital Denisoti Mine.*; (USA) Corp. pualiiy 195 N 195D W 1050 I 7th Street Suite 950 Wl;ST SALT r.AKl C:rrY, UT Denver, CO 841163U'}7 80265 •US US. 8015364250 3036287798 .Shipping Information rnicking rnimber: 79752226759S Ship daic: 09/15/2011 ^ ' EsiiiTiaittti shipping charges; 19.81 Package Information Service type: Priority Overnight Package lypi.:: f-'edEx Envelope N u m ber o f packages: 1 tmal weight: 0.201.HS Declared value; O.qOUSD Special Scrviecs: fickup'-'Drop-ofi': Use an alrcatty scheduled pickup at my locution Biiting luforniatlon BiW transporf;)lron lo; jyiyAccourit-816 Youi: reference: Seltlemeru .Agreemnt/check l'.0. tin.: Invoice no.: Dcparnnent no.; Th3ok yoii for shipping aniinc with Fedex ShiipManrnjei at fedr5.x.com. Ptea.se Note t < > te'.J ,t nl.^ 1* ) , ) I , , r o 1 ,t ^, 1 tt.fi.-i, « I >J t 0( 1 M It t tl -a f n i p i \ V <>^«^ =. ( t I V V f ^« «t " • a ft ) ar fh. » -1 t t. •- ' ^ <• i ^ c . k. 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