DRC-2009-005925 - 0901a06880146c5a

DENISO
MINES
MOii
bgz.- ^O00i-O03=]35
Denison Mines (USA) Corp.
1050 17th Street, Suite 950
Denver, CO 80265
USA
Tei: 303 628-7798
Fax:[phone]
www.deniaonminee.com
October 28, 2009
VIA PDF AND FEDERAL EXPRESS
Mr. Dane L Finerfrock
Co-Executive Secretary
Utah Water Quality Board
State of Utah Department of Environmental Quality
168 North 1950 West
P.O. Box 144850
Salt Lake City, UT 84114-4850
Dear IVIr. Finerfrock:
Re: Settlement Agreements and Proposed Civil Penalties for Notices of Violation and Order,
Dockets Nos. UGW09-02 and UGW09-04, at the Denison Mines (USA) Corp White Mesa Uranium
Mill facility near Blanding, Utah
This ietter is in response to your letters dated October 5. 2009 and October 7, 2009 with enclosed
Settlement Agreements, relating to the above-captioned matters.
Enclosed please find two copies of each of the Settlement Agreements, signed on behalf of Denison
Mines (USA) Corp.
We will provide you with payment of the stipulated penalties within the next few days.
If you have any questions or require anything further, please contact the undersigned.
Yours very truly.
DENISON HIiNEff (USA) CORP.
David C. F[ydenlund
Vice President, Regulatory Affairs and Counsel
cc: Ron F. Hochstein
Harold R. Roberts
Steven D. Landau
David E. Turk
Denison Mines (L^S-A) Corp. Whire Mesa llranium Mill
.Sclilemenl .Agreement. Docket No. UGW09-02SA
IITAH WATER QDALII Y BOARD
IN THE MATTER OF
DENISON MINES (USA) CORP.
1050 17^" STREET, SLITE 950
DENVER, COLORADO 80265
SETTLEMENT AGREEMENT
DOCKET NUMBER UGW09-02SA
This SETTLEMENT AGREEMENT (hereinafter "AGREEMENT") is between DENISON MINES
(USA) CORP.lhereinafterOPERATOR") and the UTAH WATERQUALITY BOARD(hereinytter
the "BOARD"), concerning violations of the Uiah Waicr Quality An (the .Aci), Utah Code Annotated
(•'UCA ") §i^]9-5-]0I to -f24, and the Utah .AdminiMrativc Code ("[.'AC") R3I7-J to -560.
I. The BOARD has authority to administer the Utah WaterQuality Act, and the lUnh Administrative
Code. UCA §§19-5-106,-115.
2 The EXECUTIVE SECRETARY of the BOARD (hereinafter the EXECUTIVE
SECRETARY") will adniinisterthetenn.sandprovisions of tliis AGREEMENT. UCA §§19-5-106
and 115.
3. This AGREEMENT resolves the violation cited in the NOTICE OF VIOLATION and ORDER,
Docket Number UriW09-02 (hereinafter the "NOTICE") issued lo the OPERATOR on January 15,
2009, by the BOARD. It does not in any way relieve the OPERATOR from any olher obligation
imposed under the Act or any otiier Slate or Federal laws.
4. The parlies now desire lo 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, mle, regulation or pemiit by the OPERATOR.
5. In resolution of the violation in the NOTICE referenced in item 3, the OPERATOR agrees to pay a
total penalty amount of $3,599.91 within 30 calendar days of the effective dale of this
AGREEMENT by check. The check will be madepayable to the State of Ulah, delivered or inailed
to the Division of Radiation Controi, Department of Environmental Quality. 168 Nonh 1950 West,
P.O. Box 144850. Sah Lake City. Utah 84114^850. The penally has been determined using the
Penally Criteria for CivU Settlement Negotiations. Utah Administrative Code ("UAC") R3I7-I-8
which considers such factors as (he nature, severity and extent of the violations, histoiy 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 parly requesting lhe amendment must write to the other party within 14 calendar days
Pane I of:
Denison Mine^; fUSA) Corp. White Mesa Ifranium Mil!
Seltlemenr Agreement. Duekei No. UGW09-02SA
before the documented deadline and request an amendment ofthe deadline. The other party will
either agree to or deny lhe amendment in writing wiihin 10 calendar days of receipt ofthe request.
7. Nodiing contained in this AGREEMENT shall preclude the BOARD from taking additional actions to
include additional penallies against the OPERATOR for pennit violations not resolved by ihis
AGREEMENT
8. If an agieementbetw'een the OPERATOR andtheEXECUTlVESECRETARY cannot be reached in
a dispute arising under any provision of this AGREEMENT, then the OPERATOR or the
EXECUTIVE SECRETARY may commence a proceeding wilh the BOARD under the Utah
Administrative Procedures Ac i. Utah Code Annotated §^63G-4-lO! io -601 to resolve the dispute. A
final decision in any adjudicative proceeding shall be subject to judicial review under applicable slate
law.
9. Nothing in this AGREEMENT shall constitute a waiver by (he 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 lo the release of pollutanls to waters ofthe State.
AGREED lo this.
Denison Mines (JLISA) Corp.
Vice Presklent and Counsel
Denison Mines (USA) Corp
day of ., 2009.
UTAH WATER QUALITY BOARD
By.
Dane L. Finerfrock
Co-E.\ecutive Secretary
Page 2 of 2
Denison Mines (USA) Cc^p. White Mesu Uranium Mill
Settlement Agreement. Docket No. UCAV09-02SA
UTAH WATER QUALITY BOARD
IN THE MATTER OF
DENISON MINES (USA) CORP,
1050 17"' STREET, SUITE 950
DENVER, COLORADO 80265
SETTLEMENT AGREEMENT
DOCKET NUMBER UGW09-02SA
This SETTLEMENT AGREEMENT (hereinafter "AGREEMENT") is between DENISON MINES
(USA) CORP. (hereinafter OPERATOR ) and the UTAH VVATER QUALITY BOARD (hereinafter
the ''BOARD"), concerning violations ofthe Uudj Waler Quality Aet (the Act), Utah Code Annotated
I "UCA '•) §§19-5^ iOl 10 -124, and the Utah .Administrative Code (''UAC") R317 I to -.^60.
1. The BOARD has authority to administer the Utah Water Quality Aci, and the Utah Administrative
Code. tJCA§§ 19-5-106,-115.
2. The EXECUTIVE SECRETARY of (he BOARD (hereinafter the "EXECUTIVE
SECRETARY") will administerthe terms and provisions of this AGREEMENT. UCA §^19-5-106
and 115.
3. This AGREEMENT resolves the violation cited in the NOTICE OF VIOLATION and ORDER,
Docket Number UGW09-02 (hereinafter the "NOTICE") issued to the OPERATOR on January 15,
2009. by the BOARD. It does not in any way relieve the OPERATOR from any olher 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
lo the e.xient 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 il
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 resoluiionof the violation in the NOTICE referenced in item 3, the OPERATOR agrees lo pay a
total penalty amount of $3,599.91 wiihin 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 the Division of Radiation Control. Depanment of Environmental Quality, 168 North 1950 West,
P.O. Box 144850, Salt Lake City, Utah 84114-4850. The penalty has been determined using the
Penalty Criteria for Civil Settiement Negotiations, Utah Administrative Code i"UAC") R3I7-I-8
which considers .such factors as the nature, severity and extent of the violations, histoiy of
noncompliance, degree of willfulness and/or negligence, good faith efforts to comply, and economic
benefit.
6. The deadline stipulated in ilem 5 above may be amended by prior written mutual agreement ofthe
parties. The parly requesting the amendment must write lo the other party within 14 calendar days
Patie I of 2
Denison Mines (t'SAl Corp. While Mesa Uranium Mill
Settlemem Agreement, Docket No. UGWW-02SA
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 davs of receipi ofthe request.
7. 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
8. If an agreement between the OPERATOR and the EXECUTIVE SECRETARV cannot be reached in
a dispute arising under any provision of this AGREEMENT, then the OPERATOR or the
EXECUTIVE SECRETARY may commence a proceeding with the BOARD under the Utah
Administrative P?oceditres .Ac I. Ulah Code Annotated §§630-4-101 to -60! to resolve the dispute. A
final decision in any adjudicative proceeding shall be subject to judicial 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 again.st the OPERATOR, or any other person, finn. pannership or corporation for any liability
arising out of or relating in anyway to the relea.se of pollutants to waters ofthe State.
AGREED to this day of ,, 2009.
Denison Mines (USA) Clorp.
By.
UTAH WATER QUALITY BOARD
Javjd C.lFrydenlund
Vice President and Counsel
Denison Mines (USA) Corp
By.
Dane L. Finerfrock
Co-Executive Secretary
Pajje 2 of 2
Denison Mines (USA) Corp.
WHITE MESA MILL
Settlement Agreement. Docket No. UGW09-04SA
UTAH WATER QUALITY BOARD
IN THE MATTER OF
Denison Mines (USA) Corp.
1050 SEVENTEENTH STREET SUITE 950
DENVER, COLORADO 80265
SETTLEMENT AGREEMENT
DOCKET NUMBER UGW09.04SA
This SETTLEMENT AGREEMENT (hereinafier "AGREEMENT") is between Denison
Mines (USA) Corp. (hereinafter "DUSA") and the UTAH WATER QUALITY BOARD
(hereinafter the "BOARD"), conceming violations of the Utah Water Qiudity Act (the Act),
Utah Code Annotated ("UCA") §§19-5-iOJ to -124, and the Utah Adtninisirative Code
(^'UAC'-)R3!7-ito-560.
L The BOARD has authority to administer the Utah Water Quality Act, and the Utah
Administrafive Code. UCA §§19-5-106 and -115.
2. The EXECUTIVE SECRETARY of the BOARD (hereinafter the "EXECUTIVE
SECRETARY") will administer the terms and provisions of this AGREEMENT. DCA
§§19-5-106 and 115.
3. This AGREEMENT resolves all three violations cited in the NOTICE OF VIOLATION
and ORDER, Docket Number UG W09-04 (hereinafter the "NOTICE") issued to DUSA on
April 21, 2009. by the BOARD (incorporated hereto by reference). It does nol in any way
relieve DUSA 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 administrafive
proceedings except to lhe extent provided herein by entering into this AGREEMENT.
Entering into this AGREEMENT is not an admission of liability or factual allegafion set
out in the NOTICE, nor is it an admission of or an agreement to any disputed facts or
disputed legal theories, noris it an admissionof any violafion of any law,rule,regulafionor
permit by DUSA.
5. The Execufive Secretary will not to seek a monelaiy penalty for Violafion Nos. 2 and 3 of
the NOTICE because this is the first time DUSA has been cited for these lypes of
violations.
6. In resolution of Violafion No. 1 of the NOTICE referenced herein in paragraph 3. DUSA
agrees to the settlement terms stated below:
Pace 1 of 3
Denison Mines (USA) Corp.
WHITE MESA MILL
Settlement Agreement, Docket No. IIGW09-04SA
a. In resolution of Violafion No. 1 of the NOTICE referenced in Paragraph 3 bf this
AGREEMENT, DUSA agrees to pay a lotal penally amount of $4,815.00. by check
within 30 calendar days of the effective date of this AGREEMENT. The check
will be made payable to the State of Ulah, delivered or mailed to the Division of
Radiation Control, Department of Environmental Quality, 168 North 1950 West,
P.O. Box 144850, Salt Lake City. Utah 84114-4850. The penalty has been
determined using the Penalty Criteria for Civil Settletuent NegntiatiotLs, 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 benefil.
7. Nothing contained in this AGREEMENT shall preclude the BOARD from taking addifional
acfions to include additional penaUies against DUSA for pennit violations not resolved by this
AGREEMENT.
8. If an agreement between DUSA and the EXECUTIVE SECRETARY cannot be reached in a
dispute arising under any provision of this AGREEMENT, then DUSA or the EXECUTTVE
SECRETARY may commence a proceeding with Ihe BOARD under the Utah Administrative
Procedures Act, Utah Code Annotated §§ 63G-4-W1 to -601 to resolve the dispute. A final
decision in any adjudicative proceeding shall be subject to judicial review under applicable
state law.
9. Nothing in this AGREEMENT shall constitute a waiver by DUSA to raise in defense any
legal or factual contenfion for future allegations of noncompliance.
10. Nothing in this AGREEMENT shall constitute or be considered as a release from any claims,
to include natural resourcedamageclaims, cause of action, ordeinand in law or equity which
the STATE may have against DUSA. or any other person, finn, partnershi p or corporation for
any liability arising oul of or relating in any way to the release of pollutants to waters of the
State.
Page 2 of 3
Denison Mines (USA) Corp.
WHITE MESA MILL
Settlement Agreement. Docket No. UGW09-04SA
AGREED to this day of ., 2009.
DENISON MINES (USA) CORP UTAH WATER QUALITY BOARD
By.
>AVI]D C. FRYDENLUND
DUSA Vice President and Counsel
DANE L. FINERFROCK
Co-Executive Secretary
Page 3 of 3
Denison Mines (USA) Corp.
WHITE MESA MILL
Settlement Agreement, Docket No. UGW09-04SA
UTAH WATER QUALITY BOARD
IN THE MATTER OF
Denison Mines (USA) Corp.
1050 SEVENTEENTH STREET SUITE 950
DENVER, COLORADO 80265
SETTLEMENT AGREEMENT
DOCKET NUMBER UGW09-04SA
This SETTLEMENT AGREEMENT (hereinafter "AGREEMENT") is between Denison
Mines (USA) Corp. (hereinafter "DUSA") and the UTAH WATER QUALITY BOARD
(hereinafter the "BOARD"), conceming violations of the Utah Water Quality Act (the Aci),
Uiah Code Annotated ("UCA") §§19-5-J01 to -124, and the Utah Adminisirative Code
("UAC")R3}7-Ito-560.
1. The BOARD has authority to administer the Utah Water Quality Act, and the Utah
Administrative Code. UCA §§19-5-106 and -115.
2. The EXECUTIVE SECRETARY of the BOARD (hereinafter the 'EXECUTIVE
SECRETARY") will administer the terms and provisions of this AGREEMENT. UCA
§§19-5-106 and 115.
3. This AGREEMENT resolves all three violations cited in the NOTICE OF VIOLATION
and ORDER, Docket Number UGW09-04 (hereinafter the "NOTICE") issued to DUSA on
April 21, 2009, by the BOARD (incorporated hereto by reference). It does not in anyway
relieve DUSA from any other obligation imposed under Lhe Ac/or any other Slate or Federal
laws.
4. The parties now desire to resolve this matter fully without further administrative
proceedings excepi to the extent provided herein by entering into this AGREEMENT.
Enteiing 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, noris it an admission of any violafion of any law, rule, regulation or
permit by DUSA.
5. The Executive Secretary will not to seek a monetary penalty for Violafion Nos. 2 and 3 of
the NOTICE because this is the first fime DUSA has been cited for these types of
violafions.
6. In resolution of Violation No. 1 of the NOTICE referenced herein in paragraph 3, DUSA
agrees to the setfiement terms stated below:
Page 1 of 3
Denison Mines (USA) Corp.
WHITE MESA MILL
Settlement Agreement, Docket No. UGWOQ-OtSA
a. In resolution of Violaiion No. 1 of the NOTICE referenced in Paragraph 3 of this
AGREEMENT, DUSA agrees to pay a total penalty amount of $4,815.00, by check
within 30 calendar days of the effecfive dale of this AGREEMENT. The check
will be made payable to the State of Utah, delivered or mailed to the Division of
Radiation Control, Department of Environmental Quality, 168 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-J-8 which considers such factors as the nature,
severity and extent ofthe violations, history of noncompliance, degree of willfulness
and/or negligence, good faith efforts to comply, and economic benefit.
7. Nothing contained in this AGREEMENT shall preclude the BOARD from taking addifional
acfions lo include additional penaUies against DUSA for permit violafions not resolved by this
AGREEMENT.
8. If an agreement between DUSA and the EXECUTIVE SECRETARY cannot be reached in a
dispute arising under any provision of Ihis AGREEMENT, then DUSA or the EXECUTIVE
SECRETARY may commence a proceeding with the BOARD under Ihe Utah Administrative
Procedures Act. Utah Code Annotated §§ 63G-4-W1 to -601 lo resolve the dispute. A final
decision in any adjudicative proceeding shall be subject to Judicial review under applicable
state law.
9. Nothing in this AGREEMENT shall consfitute a waiver by DUSA to raise in defense any
legal or factual contenfion 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 acfion, or demand in law or equity which
the STATE may have against DUSA, or any other person, firm, partnership or corporafion for
any liability arising out of or relafing in any way to the release of pollutants to waters of the
State.
Page 2 of 3
Denison Mines (USA) Corp.
WHITE MESA MILL
Settlement Agreement, Docket No. UGW09-04SA
AGREED to this day of ., 2009.
DENISON MINES (USA) CORP UTAH WATER QUALITY BOARD
By.
>AVp C. FRYDENLUND
DUSA Vice President and Counsel
DANE L. FINERFROCK
Co-Executive Secretary
Page 3 of 3