DRC-2012-001560 - 0901a068802e222e

State of Utah
GARYR HERBERT
Governor
GREG BELL
Licuiemml Governor
ORC-2012-001560
Department of
Environmental Quality
.Amanda Smitt:
Executive Direclor
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
May 17,2012
CERTIFIED M AIL
(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.
a
a
•
RE settlement agreement UGW370004//t
Jo Ann Tischler
Denison Mines (USA) Corp
1050 Seventeenth ST, STE 950
Denver, CO 80265 .
PS Form 3800. August 2006 See Reverse for Inslrudions
Settlement Agreement, Docket No UGW 12-0ISA, Denison Mines (USA) Corp (DUSA)
White Mesa Uranium Mill. Blanding, UT, Utah Ground Water Discharge Pennit No
UGW3 70004
Enclosed is a copy ofthe duly executed Settlement Agreement (SA), Docket No UGW12-01SA The SA
IS dated and effective as of May 17, 2012 Please ensure that the required payment is submitted to the Utah
Division of Radiation Control within 30 calendar days ofthe effective date (by June 16, 2012) as required
by Item 5 of the SA
Please contact Tom Rushing at [phone] if you have any questions conceming this matter
Sincerely,
Rusty Lundberg \_J
Director
RLTRtr
Enclosure. Copy of Executed SA
cc Denise Chancellor. Assistant Attomey General (w/encl )
Rob Herbert, DWQ (Letter Only)
F 'DUSA^Siomi Water Management'2011 SW Inspection\NOV UGWI2-01\SA Docs\UGWl2-01 Final SA Transmittal Ltr diX'x
IQ5 Nonh 1950 Wesl • Sail Lake City, UT
Mailing Address PO Box 144850 • Salt Lake City, UT 84114-4X50
Telephone (SOI) 530-4250 • Fax [phone] 'TDD [phone]
deq mail .L'Oi'
Pnnled on I0<)''o recycled paper
Denison Mines (USA) Corp.
White Mesa Mill
Settlement Agreement, Docket No. UGW 12-0ISA
UTAH WATER QUALITY BOAJID
IN THE MATTER OF
DENISON MINES (USA) CORP.
1050 17^" STREET, SUITE 950
DENVER, CO 80265
SETTLEMENT AGREEMENT
DOCKET NUMBER UGW12-01SA
This SETTLEMENT AGREEMENT (hereinafler "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 ofthe BOARD (hereinafter the "EXECUTIVE
SECRETARY") will administer the terms and provisions of this AGREEMENT.
UCA §§19-5-106 and 115.
3. This AGREEMENT resolves the 5 violations cited in the NOTICE OF VIOLATION
and ORDER, Docket Number UGW12-01 (hereinafter the "NOTICE") issued to the
OPERATOR on March 7, 2012, 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 desrre 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 $1,125
within 30 calendar days ofthe effective date ofthis AGREEMENT by check. The
check will be made payable to the State of Utah, delivered or mailed to the Division of
Radiation Control, Department ofEnvironmental 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 considers such factors as the nature, seventy and extent of the
violations, history of noncompliance, degree of willfulness and/or negligence, good faith
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Denison Mines (USA) Corp.
White Mesa Mill
Settlement Agreement, Docket No. UGW 12-0ISA
efforts to comply, and economic benefit.
5. 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 dther agree to or deny the amendment in writing within
10 days of receipt ofthe request.
6. Nothing contained in tliis AGREEMENT shall preclude the BOARD from taking
additional actions to include additional penalties against the OPERATOR for permit
violations not resolved by this AGREEMENT.
7. If an agreement between the OPERATOR and the EXECUTIVE SECRETARY cannot
be reached in a dispute ansing under any provision of this AGREEMENT, then the
OPERATOR or the EXECUTIVE SECRETARY may commence a proceeding with the
BOARD under the Utah Administrative Procedures Act, Utah Code Annotated §§63G-4-
101 to -601 to resolve the dispute. A final decision in any adjudicative proceeding shall be
subject to judicial review under applicable state law.
8. Nothing in this AGREEMENT shall constitute a waiver by the OPERATOR to raise in
defense any legal or factual contention for fiature allegations of noncompliance.
9. Nothing in this AGREEINIENT 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 day of ,2012.
DENISON MINES (USA) CORP UTAH WATER QUALITY BOARD
By_
Ifryd^iilund
ISA Vice President and Counsel
Rusty Lund
Co-Executive Secretary
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