DRC-2009-006030 - 0901a06880147689

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State of Utah
GARY R.HERBERT
Cuvi'rnoi-
GREG BELL
Lieutemmi Governoi
Department of
Environmental Quality
AmflTida Smith
ExccuUvi' Direaor
DI\'ISI0N OFRADiATION CONTROL
Dane L. Finerfrock
Director
'::y^C'-A^^CR-AOAC'AA)
November 3, 2009
Mr. David C. Frydenlund
Vice Presideni and General Counsel
Denison Mines (USA) Corp. (DUSA)
1050 Seventeenth Street, Suite 950
Denver, CO 80265
Re: NOTICE OF VIOLATION and ORDER; Docket Numbers UGW09-02SA - Settlement
Agreement, and Closeout
Dear Mr. Frydenlund,
Thank you for reluming the October 5, 2009 Settlement Agreement, recently negotiated to resolve the
NOV Docket No. UGW09-02 issued on January 15, 2009. We have executed the Agreement and retum a
copy of il herev^'ith for your records.
In accordance wilh the DRC Proposed Civil Penalty Letter, dated October 5. 2009, originally prepared to
resolve DRC NOTICE OF VIOLATION (NOV) and ORDER Docket Number UGW09-02 issued on
January 15, 2009, the DRC received your October 30, 2009 Response and check of $8,414.91 ($4815-00
for Docket No. UGW09-04) on November 2, 2009.
This letter consfitutes a closeout ofthe subject NOV. Thank you for cooperating in this matter.
Sincerely,
Uf AH WATER QUALITY BOARD
Dane L. FinerTrock,
Co-E.xecutive Secretary
Enclosure: October 5, 2009 Settlement Agreement for Docker No. IJGW09-02SA
168 North 1950 West • Snli Uke Ciiy. LIT
Mailing Address: PO Box 144850 • .Salt Lake City, UT 84tJ4-4S50
Telephone (801 )53f)-4250' Fa.x (801-533-4007 • T.D.D [phone]
ivivvi.iieq umh-soy
Printed on IOC'S' rci:ytled papL-i
Denison Mines (USA) Corp. White Mesa Uranium Mill
SeUleinent Agreement. Docket No. UGWOQ 02SA
UIAH WATER QUALITV BOARD
TN THE MATTER OF
DENISON MINES (USA) CORP.
1050 17'^"STRKET,Slin'E950
DENVER, COLORADO 80265
SETTLEMENT ACREEMENT
DOCKET NUMBER IIGW09-02SA
This SETTLEMENT AGREEMENT f here in after "AGREEMENT") is between DENISON MINES
(USA) CORP. (hereinafier "OPERATOR") and the UTAH WATER QlfALITY BOARD (hereinafier
the "BOARD'"), concerning violations of the l-'iah W'ciicr Quality Act (the .4(7}- Uuih Code Aunouiwd
I "UCA ") §§J9.^'^.I0I to -124. and the Uiah .Administrative Codi' {'^UAC") Rn?-} to -560.
1. The BOARD has authority to administer the Utah WjUer Quality Act. and the Utah Administiative
Code. UCA §§19-5-106,-115.
2. The EXECUTIVE SECRETARY of the BOARD (hereinafter the "EXECUTIVE
SECRETARV") will administerthe tennsand provisions ofthis AGREEMENT. UCA §S 19-5-106
and 115.
3. This AGREEMENT resolves the violation cited in the NOTICE OF VIOLATION arid ORDER,
Docket Number UGW09-02 (hereinafter lhe "NOTICE") issued to the OPERATOR on Januar\' 15,
2009. by the BOARD, it does not in any way relieve the OPERATOR from any other obligation
imposed under lhe Aci 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 sel oat in the NOTICE, nor is it
an admission of or an agreement to any disputed fads or disputed legal theories, nor is it an
admission of any violation of any law, mle, regulation or permit by the OPERATOR.
5. In resolution oflhe violation in the NOTICE referenced in item 3, the OPERATOR agrees to pay a
total penalty amount of S3.."199.91 within 30 calendar days of the effective date of this
AGREEMENT by check. The check will be made payable to the Stale of Utah, delivered or mailed
to the Division of Radiation Control, Depaitment of Environmental Quality. i68Nonh 1950 West,
P.O. Box 144850, Salt Lake City, Utah 84114-4850. The penalty has been determined using the
Penalty Crileria for Civil Settlement Negotiations. Uiah Adminisirative Code {"U.AC") R3I7-I-S
which considers such factors as the nature, severity and extent of the violations, history of
noncompliance, degree of willfulness and/or negligence, good faith effons to comply, and economic
benefit.
6. The deadline stipulated in item 5 above may be amended by prior written mutual agreement ofthe
parties. The party requesting the amendment must write to the other parly wiihin [4 calendar days
Patje 1 of 2
Denison Mines (US.^i Corp. White Mesa Uraniimi Mili
Seitlemcnl AgreeineiU, Docket No. UCiWOy-02S.A
before the documented deadline and request an amendment of the deadline. The other party will
either agree to or deny the amendment in writing wiihin 10 calendar days of receipt of lhe request.
7. Nothing contained iu (his .AGREEMENT shall preclude the BOARD from taking additional actions to
include additional penalties against the OPER.ATOR for pennii violations nol resolved by this
AGREEMENL
8. !f an agreement between the OPERATOR and the EXECUTIVE SECRETARY cannot he reached in
a dispute arising under any provision of this AGREEMENT, then the OPERATOR or lhe
EXECUTIVE SECRETARY may coimnence a proceeding wiih the BOARD under the Uioh
Administrative Procedures Ac I, Utah Code Annotated §§630-4- !0i to -601 lo 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 the OPER.ATOR to raise in defense any
legal or facliia] contenlion for future allegations of noncompliance.
10. Nothing in this AGREEMENT shall con.stitute or be considered as a release from any claims, lo include
natural resource damage claims, cause of aclion, or demand in law orequily which the STATE may
have against the OPERATOR, or any olher 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 Stale.
AGREED to this
DenisoD Miaes (USA) Corp.
day of JA/. , 2009.
UTAH WATER QUALITY BOARD
)a\\d C.l.Frydenlund
Vice President and Counsel
Denison Mines (USA) Corp
Secretary
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