DRC-2011-007740 - 0901a0688029acc9

State of Utah
GARY R. HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
E.xenitive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
December 19, 2011
CERTIFIED MAIL
(Return Receipt Requested)
Sean McCandless
Director of Compliance and Permitting
EnergySolutions
423 West 300 South, Suite 200
Salt Lake City, UT 84101
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(En RE: NOV & COMPLIANCE / TR
SEAN MCCANDLESS
ENERGYSOLUTIONS
rm 423 W 300 S, STE 200
SLCUT 84101
City, State, ZIP+4
PS Forrh 3800. August 2006 See Reverse for Instructions'
Subject: EnergySolutions 2010 Annual lle.(2), Class A, LARW, and Mixed Waste Groundwater
Monitoring Report: Notice of Violation and Compliance Order, Docket No.
UGWll-12
Dear Mr. McCandless:
The enclosed Notice of Violation and Compliance Order ("NOV/CO") is based on Division of Radiation
Control (DRC) findings from the review of the EnergySolutions 2010 Annual Ile.(2), Class A, LARW,
and Mixed Waste Groundwater Monitoring Report for the Clive Facility. Please give this NOV/CO your
immediate attention.
A written response is required within 30 calendar days after receipt of this NOTICE. This order is
fully enforceable unless appealed in writing within 30 calendar days, as described in the "Notice"
section of this NOV/CO. Any response or written answer to this NOV/CO should be addressed to
Rusty Lundberg, Co-Executive Secretary, Utah Water Quality Board, 195 North 1950 West, P.O.
Box 144850, Salt Lake City, Utah 84114-4850.
Sincerely,
UTAH WATER QUALITY BOARD
Rusty Lundberg
Co-Executive Secretary
Enclosure: Notice of Violation and Order, Docket No. UGWl 1-12
F:\EnergySolutions\Ground Water Monitoring Annual 2010\NOV Docket UGWl 1-12\UGWI 1-12 Transmittal Letter.doc
195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144850 • Salt Uke City, UT 84114-4850
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
UTAH WATER QUALITY BOARD
IN THE MATTER OF 1 DOCKET NUMBER UGWll-12
ENERGYSOLUTIONS I NOTICE OF VIOLATION AND
423 WEST 300 SOUTH, SUITE 200 I COMPLIANCE ORDER
SALT LAKE CITY, UT
A. STATUTORY AUTHORITY
This NOTICE OF VIOLATION and COMPLIANCE ORDER (hereinafter NOV/CO) is
issued to EnergySolutions (hereinafter ENERGYSOLUTIONS) by the UTAH WATER
QUALITY BOARD (hereinafter the BOARD) under the Utah Water Quality Act, Utah Code
Ann. §§ 19-5-101 to 19-5-123 (the ACT), including sections 19-5-104, 19-5-106, 19-5-111 and
19-5-115. This NOV/CO is also issued in accordance with the Utah Administrative Procedures
Act, Utah Code Ann. §§ 63G4-101 to 63G-4-601. The BOARD has authorized the Co-
Executive Secretary of the Board (Co-Executive Secretary) to issue such NOTICES AND
ORDERS in accordance with §19-5-106(8) of the Utah Code.
B. APPLICABLE STATUTORY AND REGULATORY PROVISIONS
1. ENERGYSOLUTIONS operates an 11 .e.(2). Mixed Waste, and Low-Level Radioactive
Waste disposal facility located in Section 32 of Township 1 South, Range 11 West, ^
Tooele County, Utah
2. The BOARD issued ENERGYSOLUTIONS a Utah Ground Water Quality Discharge,
Permit No. UGW450005 (hereinafter Permit) initially on March 21, 1991. The Permit
has been modified several times since the original issuance. Permit modifications
relevant for this NOV/CO were issued on: December 23, 2009; July 29, 2010; and
October 4, 2010.
3. The P^rw/f Part I.H.2.a. requires: ''General Requirements - monthly water level
measurements from all ground water monitoring wells will be reported annually in both
measured depth to ground water and saline ground water elevations above mean sea
level. In addition, annual freshwater equivalent head elevations will be reported for each
well and will be derived from annual ground water specific gravity measurements made
in that well during each annual sampling event."
4. The Permit Part F. 1 .a.2. designates groundwater compliance monitoring, wells for the
1 le.(2) disposal cell and includes wells GW-37, GW-38R and PZ-1.
C. FINDINGS OF FACT
1. ENERGYSOLUTIONS submitted a 2010 Annual 1 le.(2). Class A, LARW, and Mixed
Waste Groundwater Monitoring Report, dated March 1, 2011 (hereinafter Report).
December 19,2011 Docket No. UGWl 1-12 Pagel
2. As part of the Report review, the field logs for specific gravity measurements were
requested to verify that inputs for freshwater head equivalents were consistent with those
field measurements.
3. Per the review findings, ENERGYSOLUTIONS failed to measure specific gravity at
groundwater comphance monitoring wells GW-37, GW-38R, and PZ-1 during the 2010
annual monitoring period.
D. VIOLATIONS
Based on the foregoing FINDINGS OF FACT, ENERGYSOLUTIONS is in violation of the
following:
1. The Permit Part I.H.2.a for failing to measure specific gravity during calendar year 2010
at groundwater compliance monitoring wells GW-37, GW-38R, and PZ-1.
E. ORDER
In view of the foregoing FINDINGS, and pursuant to Utah Code Annotated Section 19-3-108,
ENERGYSOLUTIONS is hereby ordered to:
1. Immediately initiate all actions necessary to achieve compliance with all applicable
provisions of the Utah Water Quality Act, Ground Water Quality Rules in the Utah
Administrative Code, and the Permit
2. Submit a report to the Co-Executive Secretary within 30 calendar days of receipt of this
NOV and Order to include but not be limited to the following items:
a. The root cause of the noncompliance,
b. Corrective steps taken or to be taken to prevent re-occurrence of the noncompliance,
c. Date when compliance was/or will be achieved.
F. NOTICE
Compliance with the provisions of this NOV/CO is mandatory. Under the Division's Penalty
Criteria for Civil Settlement Negotiations, Utah Administrative Code § R317-1-8,
ENERGYSOLUTIONS good faith efforts to comply with this Compliance Order may impact
the monetary penalty that could apply in a settlement. Providing false information may subject
ENERGYSOLUTIONS to further civil penalties or criminal fines.
UCA § 19-5-115 provides that a violation of the ACT or a related order may be subject to a civil
penalty of up to $10,000 per day of violation. Under certain circumstances of willfulness or
gross negligence, violators may be fined up to $25,000 per day of violation.
December 19, 2011 Docket No. UGWl 1-12 Page 2
G. CONTESTING THIS NOV/CO
This NOV/CO is effective immediately and shall become final unless contested in writing within
thirty (30) calendar days after the date this NOV/CO was signed. See Utah Administrative Code
§ R317-9-3(3). Any further administrative proceedings in this case shall be conducted formally
under Utah Code Ann. §§ 63G4-101 through 63G-4-601.
To contest this NOV/CO, you must respond in writing and must comply with the requirements of
the Administrative Rules of the Water Quality Board, found at Utah Administrative Code §
R317-9 and with the requirements of the Utah Administrative Procedures Act, including Utah
Code Ann. § 63-G-4-201(3)(a) and (b) and Adjudicative Proceedings in UAC 19-1-301. Those
provisions of the Utah Administrative Procedures Act require, among other things, that you state
your factual and legal reasons for disagreeing with the Notice of Violation or Compliance Order,
and that you state the action that you would like the agency to take (e.g., withdrawing the
NOV/CO).
A response contesting this NOV/CO must be received by the Co-Executive Secretary within 30
calendar days of receipt of this NOV/CO.
(Mailing address) (Address for by-hand or ovemight delivery)
Rusty Lundberg, Co-Executive Secretary Rusty Lundberg, Co-Executive Secretary
Utah Water Quality Board Utah Water Quality Board
195 North 1950 West 195 North 1950 West
P.O. Box 144850 Salt Lake City UT, 84116
Salt Lake City, UT 84114-4850
You will not be allowed to contest this NOV/CO in court or in any other fomm if you do not first
contest the NOV/CO as described above.
Signed this day of December, 2011
UTAH WATER QUALITY BOARD
Rusty Lundbefg O -
Co-Executive Secretary
December 19,2011 Docket No. UGWll-12 Page 3