DRC-2011-007689 - 0901a06880295308

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State 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
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U.S. Postal Service,M
CERTIFIED MAIL , RECEIPT
(Domestic Mail Only; No iHsurance Coverage Provided)
Fordeliveryihformationyisitourwebsiteatwww.usps.com®;
<-<^ ^.-i^ >>m i C 1 .A I
Postage $
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Sent To
Total Postage & Fe Re; Settlement Agreement / TR
Jo Ann Tischler (DUSA) Corp '•
1050 17th Street
Suite 950
Denver, CO 80265
street, Apt. No.
or PO Box No.
City, State, ZIP+4
PS Form 3800..August 2006 See Reverse for InstrLJCtioris
December 12, 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. UGWl 1-04SA, 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. UGWl 1-04SA. The SA
is dated and effective as of December 8. 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 January 8. 2012) as
required by item 5 of the SA.
Please contact Tom Rushing at [phone] 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 Attorney General (w/encl.)
Rob Herbert. DWQ (Letter Only)
UGWl 1-04 Final SA Transmittal Ltr
195 North 19.S() Wesl • .Salt Lake City. UT
Mailing Address: P.O. Box 144850 • Salt Lake City. UT 84114-4850
Telephone (801) 5."6-4250 • F-ax (801) 5.'^v"^-4097 • T.D.D. [phone]
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Denison Miiies (USA) Corp.
White Mesa Mill
Settlement Agreement, Docket No. UGWl 1-04SA
UTAH WATER QUALITY BOARD
IN THE MATTER OF
DENISON MINES (USA) CORP.
1050 17™ STREET, SUITE 950
DENVER, CO 80265
SETTLEMENT AGREEMENT
DOCKET NUMBER UGW11-04SA
This SETTLEMENT AGREEMENT (hereinafter "AGREEMENT") is between DENISON
MINES (USA) CORP. (hereinafter "OPERATOR") and the UTAH WATER QUALITY
BOARD (hereinafter the "BOARD"), conceming violations of the Utah Water Quality Act (the
Act), Utah Code Annotated ("UCA") §§19-5-101 to -124, and the Utah Administrative Code
("UAC")R317-1 to-560.
1. The BOARD has authority to administer the Utah Water Quality 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 terms and provisions of this
AGREEMENT. UCA §§19-5-106 and 115.
3. This AGREEMENT resolves the 3 Violations cited in the NOTICE OF VIOLATION and
ORDER, Docket Number UGWl 1-04 (hereinafter the "NOTICE") issued to the
OPERATOR on August 15, 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 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
permit by the OPERATOR.
5. In resolution of violations of the NOTICE referenced in Paragraph 3 of this
AGREEMENT, the OPERATOR agrees to pay a total penalty amount of $11,955 within
30 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 the Division of Radiation Control,
Dcpartment.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 for
Civil Settlement Negotiations,. Utah Administrative Code ("UAC") R317-1-8 which
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Denison Mines (USA) Corp.
White Mesa Mill
Settlement Agreement, Docket No. UGWl 1-04SA
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.
6. The deadline stipulated in item 5 above may be amended by prior written mutual agreement
of the parties. The party requesting the amendment must write to the other party 14 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 days of receipt of the
request.
7. Nothing contained in this AGREEMENT shall preclude the BOARD from taking additional
actions to include additional penalties against the OiPERATOR for permit violations not
resolved by this AGREEMENT. , :
8. If an agreement between 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-EXECUTTVE SECRETARY may commence a proceeding with the
BOARD under the Utah Administrative Procedures Ac t, Utah Code Annotated §§630-4-101
to -601 to resolve the dispute. A final decision in any adjudicative proceedifig shall be subject
to jijdicial review under applicable state law.
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 the 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 fe'^day of X^^^MJOJ^^T . 2011.
DENISON MINES (USA) CORP UTAH WATER QUALITY BOARD
D^id Frydenlund
DUSA Vict President and Counsel
Rusty LuQdjberg
Co-Executive Secretary
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