DRC-2011-007900 - 0901a068802f9739

State ofUtah
GARY R HERBERT
Govemor
GREG BELL
Lieutenant Governor
department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
DRC-2tll-007900
MEMORANDUM
TO
FROM
DATE
SUBJECT
Phil Goble, Section Manager
Russell J Topham, P E
December 13, 2011
Review ofthe Quarter, 2011 (dated November 30, 2011) DMT Performance Standards
Monitoring Report and Cell 4A and Cell 4B BAT Performance Standards Monitonng
Report (Report) Groundwater Discharge Permit (GWDP) UG370004 - Denison Mines
(USA) Corp (DUSA) White Mesa Mill, Blanding, Utah
This is a summary ofUtah Division of Radiation Control (DRC) staff review of the DUSA DMT
Performance Monitoring Report and Cell 4A and Cell 4B BAT Performance Standards Monitoring Report
dated November 30, 2011, and covenng the 3"^ Quarter (July-September) 2011 monitonng period DRC
received the Report on December 1, 2011 m both hard copy and soft copy CD formats Discussions in this
document reference the White Mesa Mill Tailings Management System and Discharge Minimization
Technology (DMT) Monitoring Plan, Revision 11 1 (DMT/BAT Plan) The DMT/BAT Plan in force
during the Period in question was executed on January 20, 2011
After review of this report, DRC staff findings and recommendations are as follows
1 DUSA has provided the weekly shmes drain maximum/minimum fluid level monitoring data in
support of compliance with Part IF 2 of the GWDP and Part 3 l(b)(v) of the DMT Monitoring
Plan
2 DUSA has provided the data required in Part ID 3(b)(2) ofthe GWDP The data demonstrate
compliance with the requirements of the GWDP for shmes dram head recovery testing
3 The data presented in the report demonstrate DUSA compliance with the solution pool
operational requirements of the License and the DMT/BAT plan in force dunng the quarter
4 DUSA monitored the Cell 4B solution pool elevation as required to demonstrate compliance with
the freeboard requirement
5 DUSA included in the Report data from tailings beach elevation and area surveys
6 DUSA included in the Report leak detection system monitonng data and leakage rate calculations
for Cell 1 and Cell 3
195 North 1950 West • Salt Lake City, UT
Mailing Address P O Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax [phone] 'TDD [phone]
www deq Utah gov
Printed on 100% recycled paper
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7 DUSA reinstated solution pool elevation monitormg in Cell 4A to facilitate determination of
allowable FML leak rate Cell 4A solution pool monitoring data and the numencal determination
of compliance with FML leak rate standards for Cell 4A and Cell 4B appear in the Report
Attachments
8 DUSA experienced failure of the Cell 4A leak detection data logger beginning in the second
quarter of 2011, and attempted repair in accordance with GWDP intentions The repair did not
succeed, and subsequent repair efforts have extended well beyond the 24 hour limit, violating the
GWDP and carrying the noncompliant condition into the third quarter Redundant daily manual
logging has prevented the automation failure from resulting in a loss of data DRC should issue a
Notice of Enforcement Discretion to document the violation and the efforts DUSA made to retum
to compliance
9 DUSA completed no work on the approved Cell 1 liner repair plan dunng the Report penod
10 Data presented m the report demonstrate DUSA compliance with the decontamination pad
inspection and maintenance requirements of the DMT/BAT Plan
11 DUSA has met the provisions of the DMT/BAT Plan with regard to feed material stockpiles
1.0 Slimes Drain Water Level Monitoring
Part IF 2 ofthe GWDP requires DUSA to include in the Report, all DMT performance standards
monitonng detailed in Parts 1 D 3 and 1 E 7 ofthe GWDP Part ID 3(b)(1) ofthe GWDP requires DUSA
to maintain the fluid level in the shmes dram of Cells 2 and 3 as low as reasonably achievable at all times,
and to demonstrate that performance through adherence to the current DMT Monitonng Plan Part IE 7(b)
of the GWDP requires monthly monitonng and recording of the depth to wastewater in the shmes drain
access pipe as descnbed in Part ID 3 of the GWDP and the current DMT Momtonng Plan Part 3 1 (b)(v)
requires DUSA to monitor and record weekly the depth to wastewater in the Cell 2 shmes drain access pipe
to determine maximum and minimum head before and after a pumping cycle, respectively
1 Section 4 1 ofthe Report asserts that the above discussed monitonng requirements only pertain to
Cell 2 for the reporting period, as dewatenng operations have not commenced in Cell 3
2 Weekly water level monitoring of the Cell 2 shmes dram is not required as part of the DMT plan,
but IS required under Part ID 3(b)(1) of the GWDP Inasmuch as this data is not currently being
reported elsewhere, DUSA agreed in a conference call on October 26, 2011 to provide the data as
part ofthe quarterly DMT Report until a more appropnate reporting mechanism is instituted
DUSA has included this data in Attachment C to the Report
3 Attachment C to the Report contains data from the monthly recovery head measurements
(discussed in the next paragraph)
4 The recovery head monitoring data provides indirect evidence that DUSA has maintained the fluid
level m the Cell 2 slimes drain as low as reasonably achievable, as required in GWDP Part
ID 3(b)(1)
Finding Data provided in Attachment C to the Report supports a conclusion that DUSA has met the
requirement to keep water levels in the Cell 2 shmes drain as low as reasonably achievable
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Part ID 3(b)(2) ofthe revision ofthe GWDP m force dunng the third quarter of 2011 required DUSA to
perform a quarterly shmes drain head recovery test at each tailings cell shmes drain Specifications for the
head recovery test appear in Parts ID 3(b)(2)(i) and (ii) ofthe GWDP
Part 8 2(e) requires each quarterly report to contain the current year monthly fluid level values and a
graphical comparison with previous years for the Cell 2 shmes dram Part ID 3(b)(3) of the GWDP
includes an analytical test to determine annual shmes drain compliance The analytical procedure provides
a means of demonstrating the success of dewatenng operations in the tailings cell The average annual fluid
level m the slimes dram must fall each year for the shmes drain to remain in compliance The latest
revision ofthe GWDP changes the recovery test frequency from monthly to quarterly
5 Attachment C to the Report contains the required head recovery test data
6 Attachment D to the Report contains the required graphical comparison
7 Table 1, below, provides a partial analysis of the data from the head recovery test The
methodology used falls short of that specified in Part ID 3(b)(3) of the GWDP, inasmuch as
insufficient data exists at present fully to apply the required method, and because the method is
designed to demonstrate annual compliance using four full years' data Table 1 presents a look at
the monthly and anthmetic mean depth to fluid in the Cell 2 shmes dram for the first six months of
the three years for which data is available While not defimtive, the analysis m Table 1 indicates a
trend toward compliance
Year/Month Jan Feb Mar Apr May Jun Jul Aug Sep Mean
2011' 13 15 10 42 11 31 11 57 13 17 12 18 12 59 N/A N/A 12.6
2010^ 140 124 10 9 10 3 103 10 1 107 105 11 6 11.2
2009^ 11 3 92 88 120 102 13 1 13 1 99 104 10.9
Values presented in Attachment C to the 2011 Quarter 1, Quarter 2 and Quarter 3 Reports
^ Values interpolated from the Graph of Cell 2 Shmes Drain Water Levels Over Time presented as Attachment D to the 2011 Quarter 3 Report
Table 1: Depth to Fluid Surface from Top of Shmes Drain Access Port
8 The Report for the fourth quarter of 2010 contained Cell 2 shmes dram recovery test data which
indicated violation of the cnteria in Part ID 3(b)(3) of the GWDP That issue is being addressed
separately from this review
Findings DUSA has provided the data required in Part ID 3(b)(2) of the GWDP The data demonstrate
compliance with the requirements of the GWDP for shmes drain head recovery testing The Cell 2 shmes
drain fluid level appeared to continue its declining trend, as required, and in contrast to the increased
elevation noted during the fourth quarter of 2010
2.0 Tailings Wastewater Pool Elevation Monitoring and Roberts Pond Solution Level Monitoring
Part IE 7(a) ofthe GWDP requires DUSA to monitor and record weekly the elevation of the wastewater
pool in Tailings Cells 1 and 3 to ensure compliance with Condition 10 3 of the License Part ID 3(e)
requires DUSA to operate Roberts Pond so as to provide a minimum two feet of freeboard at all times Part
3 1(d) of the DMT/BAT Plan requires DUSA to measure the solution pool elevation in Cells 4A and 4B
weekly, and the tailings beach maximum elevation and area within Cells 4A and 4B monthly
Tailings have nearly completely filled Cell 3 Recognizing this, letters from the Executive Secretary dated
January 27, 2011 and March 14, 2011 formally eliminated the need for solution pool elevation
measurement in Cell 3 The previously cited January 27, 2011 letter and another letter from the Executive
Secretary dated March 15, 2011 concluded a process obviating the need for freeboard-related solution pool
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elevation monitoring in Cell 4A However, Part 3 1 (a) of the DMT/BAT Plan requires monitonng solution
pool elevations in Cells 4A and 4B to facilitate determination of compliance with FML leakage rate
limitations
1 Attachment A to the Report contains weekly pool elevations for Cell 1 indicating compliance with
the prescnbed freeboard requirements
2 As noted above, no requirement for weekly solution pool elevation measurement at Cell 3 existed
during the second quarter Attachment A to the report reflects no measurements for the reported
quarter
3 Attachment A to the Report contains weekly pool elevations for Roberts Pond indicating
compliance with the prescribed freeboard requirements
4 Attachment A to the Report contains the words "Inadvertently omitted" in lieu ofthe weekly
solution pool elevation measurement for Cell 4A for all penods in the reporting quarter through
and including August 19, 2011 DUSA failed to take the required solution pool measurements in
Cell 4 A dunng the first and second quarters of 2011, thus the lack of measurements dunng the
early half of the third quarter constitutes a continuance of that noncompliant practice
Letters from the Executive Secretary to Jo Ann Tischler dated August 31, 2011 and to David
Frydenlund dated October 27, 2011 detail DRC review of the First and second Quarter Reports In
the August letter DUSA is required to reinstate the Cell 4A solution pool elevation monitoring
protocol for the second quarter Unfortunately, the date of the letter postdates the end of the
reporting quarter in question The October letter also cited the lack of monitonng as an item for
which the Executive Secretary exercised enforcement discretion, noting that DUSA had voluntanly
noted the violation and retumed to compliance pnor to submittal and DRC review of the Second
Quarter Report
Inability to perform the required FML leakage rate calculation dunng the first quarter should have
alerted DUSA to the requirement to monitor Cell 4A solution pool monitonng will receive further
comment under the discussion of leak detection system monitoring performance
5 Attachment A to the Report indicates solution pool elevation readings for Cell 4B indicating
compliance with the prescribed freeboard requirements The failure to monitor Cell 4A freeboard
elevations noted in the first and second quarters has been addressed, and DUSA has retumed to
compliance
6 The License requires measunng and reporting tailings beach maximum elevation and area While
not a DMT/BAT requirement, no other report currently captures this data Until instituting another
mechanism for capturing this data, the quarterly DMT/BAT report provides a convenient
altematlve The report contains no data or narrative relative to tailings beach surveys for any cell
Findings The data presented in the report demonstrate DUSA compliance with the solution pool
operational requirements of the License and the DMT/BAT plan in force during the quarter DUSA should
revise the Report to include Week 5 solution pool elevation monitoring data
DUSA failed to monitor the Cell 4B solution pool elevation until May 31, 2011, carrying over the failure to
monitor from the first quarter of 2011 In a letter addressing the Cell 4B failure to monitor, DUSA
provides statements that appear to conflict as to the date DUSA became aware of its violation ofthe
monitoring requirement DUSA should clarify how the decision on or about February 1, 2011 not to
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measure the fluid level in Cell 4B in deference to worker safety does not constitute awareness on that date
ofthe violation
DUSA should provide to DRC results of tailings beach elevation and area surveys, either as a part ofthe
quarterly DMT/BAT report or under separate cover
3.0 Leak Detection System Monitoring
Part 3 1(a) ofthe DMT/BAT Plan requires DUSA to monitor the leak detection system (LDS) for Cell 1
and Cell 3 weekly DUSA would either report the LDS as dry or report the fluid level in the LDS monitor
pipe Presence of fluid m the LDS tnggers a requirement to extract the fluid, measure the extracted volume,
and compute a leakage rate for the cell
1 Attachment C to the Report contains data showing the Cell 1 and Cell 3 LDS dry during the third
quarter of 2011
Findings Cell 1 and Cell 3 seem to have had no detectable leakage during the third quarter of 2011
Part ID 6(a) of the GWDP requires DUSA to operate Cell 4A m a manner to maintain fluid head in the
leak detection system (LDS) not more than 1 foot above the lowest point on the lower FML on the cell
floor Part ID 6(b) requires that the leak rate through the Cell 4A FML not exceed 24,160 gallons per day
Part 3 1(a) of the DMT/BAT Plan reiterates the GWDP requirements just discussed Table lA m Appendix
E to the DMT/BAT Plan relates solution pool head above the liner system to maximum allowable FML
leak rate
2 Calculation of solution pool head requires measuring the solution pool elevation DUSA failed to
monitor the solution pool elevation for Cell 4A until the week of August 26 Thus, DUSA has
based the calculation of allowable FML leak rate for the first half of the reporting penod upon an
estimate ofthe solution pool elevation The failure to monitor solution pool elevation was a
continuation of a violation condition from the second quarter DUSA detected and self-corrected
the violation
3 Attachment F to the report presents LDS fluid level monitonng data and number of gallons
pumped from the LDS
4 Quantities of fluid pumped from the Cell 4A LDS support a finding of compliance with the
operational requirements ofthe GWDP and DMT/BAT Plan
Findings DUSA has returned to compliance with respect to solution pool elevation monitoring for the
purpose of determining allowable FML leakage rate with respect to Cell 4A The required calculation of
actual and allowable FML leakage rate appears in the Report The data support a finding that DUSA is
compliant with the FML leakage rate provisions of the DMT/BAT Plan with respect to cell 4A
Part ID 13(a) of the GWDP requires DUSA to operate Cell 4B in a manner to maintain fluid head in the
LDS not more than 1 foot above the lowest point on the lower FML on the cell floor Part ID 13(b)
requires that the leak rate through the Cell 4B FML not exceed 26,145 gallons per day Part 3 1(a) ofthe
DMT/BAT Plan reiterates the GWDP requirements just discussed Table IB in Appendix E to the
DMT/BAT Plan relates solution pool head above the liner system to maximum allowable FML leak rate
5 Calculation of solution pool head requires measuring the solution pool elevation Attachment A to
the Report presents the required solution pool elevation readings for Cell 4B
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6 Attachment F to the report presents LDS fluid level monitonng data and number of gallons
pumped from the LDS
7 Quantities of fluid pumped from the Cell 4A LDS support a finding of compliance with the
operational requirements of the GWDP and DMT/BAT Plan
Findings DUSA is compliant with the FML leakage rate provisions of the DMT/BAT Plan with respect to
cell 4B This includes solution pool elevation monitoring, extracting fluid when it exists in the LDS, and
maintaining FML leakage rate below the prescribed limits
Part IE 8(a)(1) of the GWDP requires DUSA to provide continuous operation of the Cell 4A LDS
pumping and monitonng equipment, and to make such equipment operational within 24 hours of discovery
of a failure of such equipment Part IE 12(a)(1) of the GWDP requires DUSA to provide continuous
operation of the Cell 4B LDS pumping and monitonng equipment, and to make such equipment
operational within 24 hours of discovery of a failure of such equipment
8 On June 27, 2011 plant personnel discovered that the LDS monitormg datalogger had ceased to
record on June 3, 2011 Plant personnel rebooted the system and observed resumption of data
logging Plant personnel checked the logger more frequently following the reboot, and repeated the
system reboot on July 1, 2011
9 Upon discovery that rebooting the system did not correct the failure, DUSA consulted with the
equipment manufacturer for trouble shooting and repair advice DUSA has made repairs
recommended by the manufacturer of the datalogger, and monitored the performance of the
equipment daily through August 31, 2011
10 Section I E 8(a)(1) of the GWDP requires DUSA to provide continuous operation of all elements
of the leak detection systems for the various cells Failure to repair a failed system and bnng it to
ftall operation within 24 hours constitutes a violation ofthe GWDP and of BAT
11 DUSA performs redundant manual collection of the same data collected by the data logger, so full
data replacement has occurred
12 Cell 4B data logging equipment expenenced no logging failure
Findings DUSA experienced failure of the Cell 4A leak detection data logger and attempted repair in
accordance with GWDP intentions The repair did not succeed, and subsequent repair efforts have
extended well beyond the 24 hour limit, violating the GWDP Redundant daily manual logging has
prevented the automation failure from resulting in a loss of data DUSA performed repairs and upgrades
recommended by the equipment manufacturer and monitored device performance through August 31,
2011 The datalogger now appears to operate as required This violation constitutes a carry-over from the
second quarter
Part I E 7(f) of the GWDP stipulates procedures to implement upon detection of any FML defect or
damage On September 22, 2010 DRC extended conditional approval for a liner repair plan for Cell 1
DUSA committed to complete repairs under that plan by July 31, 2012
13 DUSA completed no repair work on the Cell 1 liner during the Report penod
Findings DUSA completed no work on the approved Celll liner repair plan during the Report period
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4.0 Decontamination Pad Inspections
Part 3 1 (e)(i) of the DMT/BAT Plan sets forth requirements for monitonng the New Decontamination Pad
Subpart (B) requires weekly measurement of fluid level in the inspection portals to detect leakage of the
pnmary containment bamer Subpart (F) imposes requirements to inspect weekly the integnty of the
concrete compnsing the New Decontamination Pad surfaces and to repair any cracks greater than 1/8 inch
in width or other abnormalities in the pad surface Part 3 1 (e)(ii) imposes requirements to inspect weekly
the integnty of the concrete comprising the Existing Decontamination Pad surfaces and to repair any cracks
greater than 1/8 inch in width or other abnormalities m the pad surface
1 The inspection portals of the New Decontamination Pad contained no fluid at the weekly
inspections
2 No cracking in excess of 1/8 inch or other abnormality of the surface of the New Decontamination
Pad was observed dunng the Report quarter
3 Although measunng less that 1/8 inch, cracks in the surface of the Existing Decontamination Pad
were repaired Inspectors noted no other anomalies on the pad surface
Findings Data presented in the report demonstrate DUSA compliance with the decontamination pad
inspection and maintenance requirements of the DMT/BAT Plan
5.0 Feedstock Storage Area Inspections
Part 3 3 of the DMT/BAT Plan requires weekly confirmation that bulk feedstock storage occurs in the
areas defined m the GWDP, that a four foot buffer exist between feedstock stockpiles and the storage area
boundary, and that altemate feedstock stored outside the defined feedstock storage area is maintained in
water tight containers or are placed on a hardened surface
1 Location of stockpiles within the bulk storage area appeared properly placed
2 Standing water from heavy rains was noted in the feedstock storage area This water was directed
to the sump, and ultimately to Cell 1 for disposal
3 The sump associated with the Old Decontamination Pad overflowed into the containment area
during the quarter Fluid was pumped to Cell 1 for disposal
Findings DUSA has met the provisions of the DMT/BAT Plan with regard to feed material stockpiles
6.0 Recommendations
1 DRC should issue a Notice of Enforcement Discretion to document the violation of the GWDP
with respect to the failure and attempted repair of the Cell 4A LDS data logger DUSA's retum to
compliance