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Home My WebLink AboutDRC-2009-006029 - 0901a0688014768bState of Utah GARY R. HERBERT Governor GREG BELL Ueulemmi Governor Department of Environmental Quality .'Vmanda Smith Executive Direcior DIVISION OF RADIATION CONTROL Dane L Finerfrock Direnor btc--^'0^'[~coi^^'^^ November 3, 2009 Mr. David C. Frydenlund Vice President and General Counsel Denison Mines (USA) Corp. (DUSA) 1050 Seventeenth Street, Suite 950 Denver, CO 80265 Re: NOTICE OF VIOLATION and ORDER; Docket Numbers UGW09-04 - Settlement Agreement, and Closeout Dear Mr. Frydenlund, Thank you for returning the October 7, 2009 Settlement Agreement, recently negotiated to resolve the NOV Docket No. UGW09-04 issued on April 21, 2009. We have executed the Agreement and retum a copy of it herewith for your records. In accordance with the DRC Proposed Civil Penally Letter, dated October 7, 2009, originally prepared to resolve DRC NOTICE OF VIOLATION (NOV) and ORDER Docket Number UGW09-04 issued on April 21, 2009, the DRC received your October 28, 2009 Response and check of $8,414.91 ($4,815 for Docket No. UGW09-04) on November 2, 2009. This letter constitutes a closeout of the subject NOV. Thank you for cooperating in this matter. Sincerely, UTAH WATER QUALITY BOARD Dane L. Fit Co-Executive Secretary Enclosure: October 7, 2009 Settlement Agreement for Docket No. UGW09-04 168 North 1950 West • Salt Lake City. HT Maihng Address: P.O Box 144850 • Salt Lake Cuy. UT 84114-4850 Telephone (801) 536-4250 • Fax (801-533-4097 • T.D D. (801) 5.30-4414 hu'H.rff/y.urnJi.jfoi- Printed on IOC'S' recycled pjiper 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 Act), Ulah Code Annotated ("UCA") §§19-5-101 to -124, and the Utah Administrative Code rUAC"}R317-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 EXECUTFVE 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 thi^e 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). Tt does not in any way relieve DUSA from any other obligation imposed under the Acr 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 DUSA. 5. The Executive Secretary will not to seek a monetary penalty for Violation Nos. 2 and 3 of the NOTICE because this is the first time DUSA has been cited for these types of violations. 6. In resolution of Violation No. 1 of the NOTICE referenced herein in paragraph 3, DUSA agrees to the settlement terms stated below: Page 1 (if 3 Denison Mines (USA) Corp. WHITE MESA MILL Settlement AgreemenL Docket No. UGW09-04SA a. In resolution of Violation No. 1 of the NOTICE referenced in Paragraph 3 ofthis AGREEMENT, DUSA agrees to pay a total penalty 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 Slate 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 detennined using the Penalty Criteria for Civil Settlement Negotiations, Utah Administrative Code ("UAC") R317-1-8 which considers such factors as the nature, severity andextentof the 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 additional actions to include additional penalties 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 ofthis AGREEMENT, then DUSA or the EXECUTIVE SECRETARY may commence a proceeding with the BOARD under the Utah Administrative Procedtires Act, Uiah 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. 9. Nothing in this AGREEMENT shall constitute a waiver by DUSA to raise in defense any legal or factual contenlion 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 DUSA, 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. Page 2 of 3 Denison Mines (USA) Corp. WHITE MESA MILL Settlement Agreement, Docket No. UGW09-04SA AGREED to this /U4, *2009. DENISON MINES (USA) CORJ UTAH WATER QUALITY BOARD AVD C. FRYDENLUND DUSAVice President and Counsel Co-Executive Secretary Page 3 of 3