DRC-2009-006263 - 0901a0688014bcf5

State of Utah
JON M. HUNTSMAN, JR
Coveriior
GARY HERBERT
Lieutenant Gnveinnr
Department of
Environmental Quality
Anmnda Smith
Acling Ezecu/hv Direcior
DIVISION OF RADIATION CONTROL
Dane L Finerfrock
Direcmr
\:3^C-:9WR-COLO'S
November'10, 2009
CERTIFIED MAIL
(Return Receipt Requested)
Mr. Dgvid C Frydenlund
Vice Presidcni and General Counsel
Denison Mines (USA) Corp. (DUSA)
1050 Seventeenth St. Suite 950
Denver, Colorado. 80265
Subject: DUSA 3"* Quarter, 2008 (dated November 2008), 4^^ Quarter, 2008 (dated February 2009), and
1" Quarter, 2009 (dated May 2009) White Mesa Uranium Mill Chloroform Monitoring Reports:
Notice of Violation and Compliance Order, Docket No. UGW09-05
Dear Mr. Frydenlund:
On October 29, 2009 in a conference call the Division of Radiation Control (hereafter "DRC '') held a
closeout meeting with Denison Mines Corp (DUSA) [hereafter "DUSA"] conceming the findings from the
review ofthe DUSA, 3"^ and 4^^ Quarter, 2008, and 1" Quarter, 2009 Chloroform Monitoring Reports for
the White Mesa Uranium Mill facility near Blanding, Utah. The enclosed Notice of Violation and
Compliance Order (hereafter "NOV/CO") is based on DRC findings from the above mentioned reports.
Please give this order your immediate attention.
A written response is required within 30 calendar days after receipt of this NOTICE. This order is
fully enforceable unless appealed in writing within 30 days, as described in the ^'Notice" section of
this NOV/CO. Any response or written answer to this NOV/CO should be addressed to Dane L.
Finerfrock, Co-ExecuUve Secretary, Utah Water Quality Board, 168 North 1950 West, P.O. Box
144850, Salt Lake City, Utah 84114-4850.
UTAH WATER QUALITY BOARD
Dane L. Finerfrock
Co-Executive Secretary
Enclosure: Notice of Violation and Order, Docket No. UGW09-05
168 North 1950 Wcit • Salt Luke City. UT
Moilins Address P.O. Box 144850 • .Salt Lake City. UT 8411*1-48.50
Telephone (30[) 5.16-4250 • Fax (Sfll) 5.1.1-4m7 -TD.D. (Rf) I j 530-4414
wwtv.dfq.utaU ^nv
Printed on KKI'J recycled piiper
UTAH WATER QUALITY BOARD
IN THE MATTER OF
Denison Mines (USA) Corp.
1050 SEVENTEENTH ST. SUITE 950
DENVER, COLORADO, 80265
DOCKET NUMBER UGW09-05
NOTICE OF VIOLATION AND
COMPLIANCE ORDER
A. STATUTORY AUTHORITY
This NOTICE OF VIOLATION and COMPLIANCE ORDER (NOV/CO) is issued to Denison
Mines (USA) Corporation (hereinafter DUSA) facility, by the UTAH WATER QUALITY BOARD
(hereinafter the BOARD) under the Utah Water Quality Act, Utah Code Ann. §§ 19-5-101 to 19-5-123
(the ACT), including sections 19-5-104, 19-5-106, 19-5-111 and 19-5-115. This NOV/CO is also
issued in accordance with the Utah Administrative Procedures Act, Utah Code Ann. §§ 63G4-101 to
63G-4-60]. The BOARD has authorized the Co-Executive Secretary of the Board (Co-Executive
Secretary) to issue such NOTICES AND ORDERS in accordance with §19-5-106(8) of the Utah
Code.
B. APPLICABLE STATUTORY AND REGULATORY PROVISIONS
1. DUSA was issued Ground Water Quality Discharge Permit No. UGW370004 (hereinafter Pennit)
on March 8. 2005, last modified on March 17, 2008.
2. Part I.E. 1(a) ofthe Permit requires that all groundwater monitoring "...shall be conducted in
accordance with a Quality Assurance Plan (QAP) currently approved by the Executive Secretary."
3. The DUSA Quality Assurance Plan (hereinafter DUSA QAP) was originally dated November 17,
2006, (Revision 1.0); and was approved by the DRC Executive Secretary on December 1, 2006.
The DUSA QAP was revised by DUSA on lune 18, 2008 (Revision. 3.0) and was approved on
June 20, 2008 by the Executive Secretary. Later, the QAP was revised by DUSA in a submittal of
November 18, 2008 (Revision 4.0), and subsequently approved on March 30, 2009. Changes in
DUSA QAP Revision 4.0 were minor and do not alter any findings set out below.
4. Appendix A of the DUSA QAP, states: "This document sets out the quality assurance pian to he
used by Denison Mines (USA) Corp. for Chloroform Investigation conducted pursuant to State of
Utah Notice of Violation and Groundwater Corrective Order (UDEQ Docket No. UGW~20-01}(the
"Order").
Specifically, the mill will use the same sampling regimen for the Chloroform Investigation that is
utilized for groundwater sampling under its groundwater discharge permit, as set forth in the
attached groundwater discharge pennit Quality Assurance Plan (QAP) except as set forth
below:..."
5. Section 11 ofthe DUSA QAP, requires that: 'As required under paragraph LF.] ofthe GWDP,
rhe Mill will send a groimdwater monitoring report to the Executive Secretary on a quarterly basis.
Both the Routine Groundwater Mnniloring Reports (pertinent lo Part LF. J ofthe Pennil} and
November 9, 2009 Docket No. UGW09-05 Page 1
Chloroform Investigation Reports shall be submitted according to llie following schedule:"
Quarter
First
Second
Third
Fourth
Period
Januarv - March
April - June
July - September
October - December
Due Date
June 1
September J
December 1
March I
6. Section 4.3.3 of the DUSA QAP, requires:
"4.3.3 Field Duplicates
One Duplicate set ofsamples submitted with each Batch (defined in Section 4.3.4} of samples
(DTG, Field and Laboratory Quality Assurance/Quality Conirol. 7.8), taken from one ofthe wells
being sampled and will be submitted to the Analylical Laboratory and analyzed for all
contaminants listed in Table 2 ofthe GWDP (EPA SW-846, Chapter 1, Section 3.4.1). "
7. Section 4.3.4 of the DUSA QAP, requires
"4.3.4 Definition of "Batch"
For the purposes ofthis Plan, a Batch is defined as 20 or fewer samples (PA SW-846, Chapter 1,
Section. 5.0, page 23). "
8. Section 6.2.5 of the DUSA QAP, requires that: 'Tfa portable (non-dedicated) pump is to be used,
prior to each sampling event, at the beginning ofeach day during the sampling event, and between
each sampling location (well), decontaminate the portable (non-dedicated sampling pump prior to
its use for purging or sampling using the following procedure:
a) wash the pump probe, probe sheath and other pump equipment that may come-in contact with
the sampling well inner casing or well water (the "Sampling Equipment") with a nonphosphate
detergent;
h) rinse the Sampling Equipment with de-ionized water;
c) rinse the Sampling Equipment with dilute (.IN) hydrochloric or nitric acid; and •
d) rinse the Sampling Equipment with de-ionized water."
9. Section 6.2.7(d)(v) of the DUSA QAP, requires in part that: "Take measurements of field
parameters (pH. specific conductance, temperature, redox potential and turbidity) during well
purging, using the Field Parameter Meter and turbidity measuring instrument. These
measurements will be recorded on the Field Data Worksheet. Purging is completed after two
casing volumes have been removed and the field parameters pH. temperature, specific
conductance, redox potential (Eh} and turbidity have stabilized to within 10% over at least two
consecutive measurements."
10. Section 6.2.7(e) ofthe DUSA QAP requires:
"e) Purging, Where Use of Pump is Not Effective
For wells where a pump is not effective for purging and/or sampUng (wells with shallow water
columns, i.e. where the water column is less than five feet above the bottom ofthe well casing
or the well lakes over two days to recover from purging), a disposable bailer, made of inert
maierials, may be used. Ifa bailer is used, the following procedure will be followed:
November 9. 2009 Docket No. UGW09-05 Page 2
(i} Use the sound level instrument to detennine the water column and figure the amount of
water that must be evacuated;
(ii) Attach a 3 " disposable bailer to a rope and reel;
(iii)Lower the bailer into the well and listen for contact with the solution. Once contact is
made, allow the bailer to gradually sink in the well, being careful nor to allow rhe bailer to
come in contact with the bottom sediment;
(iv) After the bailer is full, retrieve the bailer and discharge the water from the bailer into 5
gallon buckets. By doing this, on can record the number of gallons purged;
(v) After the bailer is emptied, lower the bailer back into the well and gain another sample as
before. This process will continue until the two casing volumes have been collected or until
no more water can be retrieved. When the process is finished for the well, the bailer will be
disposed of; and
(vi)Take field measurements referred to in paragraph 6.2.7(v) above from lhe water in the
buckets;"
11. Section 7.1 of the DUSA QAP requires in part that: "The Field Data Worksheet will contain the
following information: (Beginning with the lO^'' bullet)
• results ofin-field measurements (pH, specific conductance, water temperature)
• redox potential (Eh) measurements
• turbidity measurements"
12. Section 4 of Appendix A ofthe DUSA QAP requires:
4) Laboratory Requirements
Collected samples which are gathered for chloroform investigation purposes are delivered to
an outside laboratory where the requisite analyses are performed. At the laboratory the
following analytical specifications must he adhered to:
Analytical
Parameter
Nitrate & Nitrite (as
N)
Carbon Tetrachloride
Chloroform
Dichloromethane
(Methylene Chloride)
Chloromethane
Inorganic Chloride
Analytical
Method
E35.12
SW8260B
SW8260B
SW8260B
tSW8260B
A4500-CL B
Reporting
Limit
O.I mgA
I.Opg/l.
I.OpgA
i.O^g/l
I.OpgA
I mgA
Maximum
Holding
Times
28 days
14 days
14 days
14 days
14 days
28 davs
Sample
Preservation
Requirement
H2SO4 to
pH<2
HCL to pH<2
HCL to pH<2
HCLtopH<2
HCL to pH<2
None
Sample
Temperature
Requirement
<6''C
<6r
<6''C
<6''C
<6X
<6'C
13. Section 6 of Appendix A of the DUSA QAP requires:
6) Chlorofonn Investigation Reports
The Chlorofonn Investigation Reports will include the following information:
a} Introduction
b) Sampling and Monitoring Plan
• Description of monitor wells
• Description of sampling methodology, cquipinent and decontamination procedures
• Identify all quality assurance .samples, e.g. trip blanks equipment blanks, duplicate
November 9, 2009 Dockei No UGW09-05 Page 3
samples
c) Data Interpretation
• Interpretation of groimdwater levels, gradients, and fiow directions. Interpretations
woidd include a discussion on: I) A current site groundwater contour map, 2)
hydrographs to show groundwater elevation in each monitor well over time. 3) depths
to groundwater measured and ground water elevations from each monitor well
summarized in a data table, that includes historic groundwater level data for each well,
and 4) an evaluation ofthe effectiveness of hydraulic capture of all contaminants of
concem.
• Interpretation of all analytical results for each well, including a discussion on: 1} a
current chloroform isoconcentration map with one ofthe isoconcentration lines
showing the 70 pg/L boundary, 2) graphs showing chloroform concentration trends in
each well thru time and, 3) analytical results for each well summarized in a data table,
that includes historic analytical results for each well.
• Calculate chloroform mass removal by pumping wells. Calculations would include:
I)total historic chloroform mass removed, 2) total historic chloroform mass removed
for each pumping well, 3) total chloroform mass removed for the quarter and, 4) total
chloroform mass removed from each pumping well for the quarter.
d) Conclusions and Recommendations
e) Electronic copy of all laboratory results for groundwater quality monitoring conducted
during the quarter.
f) Copies of DUSA field records, laboratory reports and chain of custody forms.
C. FINDINGS OF FACT
1. The DUSA facility receives and processes natural uranium-bearing ores and alternate feed
materials, and possesses byproduct material in the form of uranium waste tailings and other
uranium byproduct waste generated by the licensee's milling operations. This facility is located
approximately 6 miles south of Blanding, Utah on a tract of land in Sections 28, 29, 32, and 33,
Township 37 South, Range 22 East, Salt Lake Baseline and Meridian, San Juan County, Utah.
2. DUSA was issued a Notice of Violation and Groundwater Corrective Action Order (hereafter
GCAO) of Utah Department of Environmental Quality, Docket No. UGQ-20-013, which requires
DUSA to complete a contaminant investigation and corrective action plan. Said investigation
includes on-going groundwater quality sampling, analysis, and reporting.
3. DUSA submitted a report titled "White Mesa Uranium Chloroform Monitoring Report 3^ Quarter
(July through September 2008)" (hereinafter "3"* Quarter Report") dated November 2008 to the
DRC, which was received on December J, 2008.
4. DUSA submitted a report titled "White Mesa Uranium Chloroform Monitoring Report 4'^ Quarter
(October through December 2008)" (hereinafter "4'^ Quarter Report") dated February 2009 to the
DRC, which was received on February 26, 2009.
5. DUSA submitted a report titled "White Mesa Uranium Chloroform Monitoring Report P' Quarter
(January through March 2009)" (hereinafter "1'^ Quarter Report") dated May 2009 to the DRC,
which was received on June 1, 2009.
November 9, 2009 Docket No. UGW09-05 Page 4
6. The DRC conducted a review- ofthe 3''' Quarter Report, 4^^ Quarter Report, and P'Quarter Repoit
to deteiTiiine compliance with State Rules and Regulations and terms ofthe PeiTnit and DUSA
QAP.
7. Contrary to Section 6.2.5 of the DUSA QAP, DUSA failed to follow all four steps required for
sampling equipment decontamination procedures in the 3''^ and 4"^ quarter 2008, and T'quarter
2009 chlorofoim monitoring events.
8. Contrary to Section 6.2.7(e) of the DUSA QAP, DUSA failed lo follow purging procedures for
well TW4-14 in the 3^^^ quarter 2008 chloroform monitoring event, in that the purging performed
failed to remove at least 2 well casing volumes before collection of the sample.
9. Contrary to Section 6.2.7(d)(v) of the DUSA QAP, DUSA failed to make and record multiple field
measurements to demonstrate parameter stability (+/- 10%) before water quality sample coUection
in 20 monitoring wells for 3^^-Quarter, 21 monitoring welis for 4'^ Quarter, and 20 monitoring wells
for 1^^ Quarter chlorofoiTn monitoring events. While the approved field worksheet included space
for four (4) individual field parameter measurements, in some cases none were recorded (3^
Quarter and 4'*' Quarter) and in all others only one (1) measurement was recorded. These wells
along with the reported purge volume at the time field parameters where measured are summarized
in the table below.
Well / Quarterly Monitoring
Event
TW4-l/3''^quarter 2008
4"' quarter 2008
r" Quarter 2009
TW4-2/3''^q^aarter2008
4'^ quarter 2008
1" quarter 2009
TW4-3 7 3''^ quarter 2008
__ 4^^ quarter 2008 "
P'quarter 2009
TW4-4/3'^ quarter 2008
4^^ quarter 2008
P'quarter 2009
TW4-5/3'^ quarter 2008
4'^ quarter 2008
r'quarter 2009
TW4:6/3'''quarter 2008
4^^ quarter 2008
P'^ quarter 2009
TW4:7/3'^ quarter 2008
4%uarter2008
1" quarter 2009
TW4-8/3'^ quarter 2008
4^*^ quarter 2008
1 i" quarter 2009
Volume Purged (gallons)
66
66
"66 "
66
66
66
66
66
66
66
66
66
90
'84'" ' " " "
84
36
36 ". " ' '
36
72
66
^"" "
72
72
72
Volume When Field Parameters
Where Measured (gallons)
Not recorded
•i - -
Not recorded
.36.:;•:.•.•;:";. TZZ..Z...".
42
30
30
36
Not recorded
35"'
"24"
Not recorded
48"' " ""' "'
^60
Not recorded
18
18
Not recorded 1
36
36
24
36
42 1
November 9. 2009 Docker No. UGW09 05 Page 5
Well / Quarteriy Monitoring
Event
TW4-9/3'^ quarter 2008
4'^ quarter 2008
P'quarter 2009
TW4-10/3^'quarter 2008
4'^ quarter 2008
l"quarter 2009
TW4-11/3'^ quarter 2008
4'^ quarter 2008
1''quarter 2009
TW4-12/3''quarter 2008
4*'' quarter 2668
1'^ quarter 2669
I}y4-13 / 3'^ quarter 2008
"?^ quarter'2008
1" quarter 2009
TW4-14/4* quarter 2008
TW4-16/3'" quarter 2008
4'^ quarter 2008
1" quarter 2009
TW4-18/3''^ quarter 2008
4^^ quarter 2008
1'^ quarter 2009
TW4-21 / 3''quarter 2008
4'^ quarter 2008
r'quarter 2009
TW4-22/3'*^ quarter 2008
4'^ quarter 2008
l"quarter 2009
TW4-23 7 3"'quarter 2008
4'^ quarter 2008
1'' quarter 2009
TW4-24/3''quarter 2008
'4"' quarter 2008
I''quarter 2009
TW4-25/3"" quarter 2008
4'^ quarter 2008
1''quarter 2009
Volume Purged (gallons)
84
90
84
78
78
72
48
48
54
84
84
84
72
"'72
72
6
102
102
96
108
108
102
84
84
84
78
78
78
72
72
78
84
84
84
120
120
120
Volume When Field Parameters
Where Measured (gallons)
24
42 ' "
"42 "
Not recorded
42
36
Not recorded
24
30
42
84
60
24
24
36
Not recorded
42
48
54 "'~
48
66
72
Not recorded
48
48
Not recorded
48
48
30
36
"42 "
60
"4'2 "" " '
84
36
72
120
'0. Contrary to Section 4 of Appendix A of the DUSA QAP, DUSA failed to analyze for four of the
six required analytes in well TW4-20 in the 4^^ Quarter monitoring event, including: Carbon
Tetrachloride, Chloroform, Dichloromethane (Methylene Chloride), and Chloromethane.
11. Contrary to part of Section 6(b) of Appendix A of the DUSA QAP, DUSA failed to identify,
mention or and explain samples TW4-62 and TW4-73 in Energy Laboratories analytical summary
in the text ofthe I'" Quarter Report.
November 9, 2009 Docket No. UGW09-05 Page 6
12. Contrary to part ofSection 6(b) of Appendix A of the DUSA QAP, DUSA failed to analyze and
report the results of a trip blank sample the 3"^^ Quarter .
13. Contrary to part ofSection 6(c) of Appendix A of the DUSA QAP, DUSA failed provide historic
groundwater level (elevation) data for wells TW4-23, TW4-24, and TW4-25 in the 3''' Quarter
Report, 4'^ Quarter Report, and [^^ Quarter Report.
14. Contrary to part of Section 6(c) of Appendix A of the DUSA QAP, DUSA failed to provide
historic analytical results and summary data tables for all analytes in each well. While such data
tables were provided for nitrate + nitrite (as N) and chloroform, no information was provided i.e.,
carbon tetrachloride, chloride, chloromethane, and methylene chloride in the 3^*^ Quarter Report, 4'^
Quarter Report, and l" Quarter Report.
15. Contrary to part of Section 6(c) of Appendix A of the DUSA QAP, DUSA failed to include
chloroform isoconcentration maps that illustrate the 70 \xg/\ boundary in the 3^^ Quarter Report, 4'^
Quarter Report, and 1^^ Quarter Report.
16. Contrary to part of Section 6(c) of Appendix A of the DUSA QAP, DUSA failed to report any
current or historic calculated chloroform mass removal by the pumping wells MW-4, MW-26,
TW4-19 and TW4-20 in the 3'*^ Quarter Report, 4''''Quarter Report, and T' Quarter Report.
17. Contrary to Section 6(f) of Appendix A of the DUSA QAP, DUSA failed provide a field data
worksheet for well TW4-14 for the 1^' Quarter chloroform monitoring event.
18. Contrary to Section 4.3.3 ofthe QAP only one duplicate sample was submitted instead of the
required two duplicate samples that ai'e lo be submitted in the 4'^ Quarter chjoroform monitoring
event.
D. VIOLATIONS
Based on the foregoing FINDINGS OF FACT, DUSA is in violation of the following:
1. Section 6.2.5 of the DUSA QAP, for failing to completely follow all decontamination procedures
for sampling equipment in the 3'^'^ Quarter, 4^ Quarter, and 1^^ quarter chloroform monitoring
events.
2. Section 6.2.7(e) of the DUSA QAP, for failing to follow purging procedures and remove at least 2
casing volumes before sampling well TW4-L4in the 3"^^ Quarter chloroform monitoring evenL
3. Section 6.2.7(d)(v) of the DUSA QAP, for failing to make and record multiple field measurements
to demonstrate parameter stability before water quality sample collection in 20 monitoring wells
for the 3' Quarter, 21 monitoring wells 4'*' Quarter, and 20 monitoring wells I^' Quarter chloroform
monitoring events (these wells are summarized in the table above in item 9).
4. Section 4 of Appendix A of the DUSA QAP, for failing lo analyze for Carbon Tetrachloride,
Chloroform, Dichloromethane (Methylene Chloride), and Chloromethane for well TW4-20 in the
4' Quarter monitoring event.
November 9. 2009 Docket No. UGW09-05 Pa-^e 7
5. Section 6(b) of Appendix A of the DUSA QAP, for failing to identify, mention or and explain
samples TW4-62 and TW4-73 in Energy Laboratories analytical summary in the text of the P'
Quarter Report.
6. Section 6(b) of Appendix A ofthe DUSA QAP, for failing to analyze and report the results of atrip
blank sample in the 3^^ Quarter Report.
7. Section 6(c) of Appendix A ofthe DUSA QAP, for failing provide historic groundwater level
elevation dala for wells TW4-2
Report, and P' Quarter Report.
elevation dala for wells TW4-23, TW4-24. and TW4-25 in the 3"^ Quarter Report, 4^"^ Quarter
8. Section 6(c) of Appendix A ofthe DUSA QAP, for failing to provide historic analytical results and
a summary data table for all analytes in each well, including: carbon tetrachloride, chloride,
chloromethane, and methylene chloride in the 3^*^ Quarter Report, 4*^ Quarter Report, and 1^*
Quarter Report.
9. Section 6(c) of Appendix A of the DUSA QAP, for failing to include chloroform isoconcentration
maps that illustrates the 70 |ig/l boundary in the 3^^ Quarter Report, 4"^ Quarter Report, and 1^'
Quarter Report.
iO. Section 6(c) of Appendix A of the DUSA QAP, for failing to report in the 3"^ Quarter, 4*^ Quarter,
and 1^' Quarter Reports;
A. Total historic chloroform mass removed from the shallow aquifer to date,
B. Total historic chloroform mass removed from each pumping well (MW-4, MW-26, TW4-19,
andTW-4-20)todate,
C. Calculated chlorofonn mass removed from each pumping well (MW-4, MW-26, TW4-i9 and
TW4-20) in the quarter, and
D. Total chloroform mass removed in the quarter.
11. Section 6(f) of Appendix A of the DUSA QAP, for failing to provide a field data worksheet for
well TW4-14 for the P' Quarter chloroform monitoring event.
12. Section 4.3.3 of the QAP, failing to submit the required two duplicate samples in the 4^^ Quarter
chloroform monitoring event.
E. ORDER
In view of the foregoing FINDINGS, and pursuant to Utah Code Annotated Section 19-3-108, DUSA
is hereby ordered to:
1. Immediately initiate all actions necessary to achieve compliance with all applicable provisions
ofthe Utah Water Quality Act, Ground Water Quality Rules in the Utah Administrative Code,
and the Permit (including but not limited to requirements of the DUSA QAP.)
2. Submit a report to the Co-Executive Secretary within 30 days of receipt of this NOV and
Order to include but not be limited to the following items:
November 9. 2009 Dockei No. UGW09-05 Page 8
u. The root cause of the noncompliance,
b. Corrective steps taken or to be taken to prevent re-occurrence ofthe noncompliance,
c. Date when compliance was/or will be achieved.
F. NOTICE
Comphance with the provisions of this NOV/CO is mandatory. Under the Division's Penalty Criteria
for Civil Settlement Negotiations, Utah Administrative Code § R317-i-8, DUSA's good faith efforts to
comply with this Compliance Order may impact the monetary penalty that could apply in a settlement.
Providing false information may subject DUSA to further civil penalties or criminal fines.
UCA § 19-5-115 provides that a violation ofthe ACT or a related order may be subject to a civil
penally of up to $10,000 per day of violation. Under certain circumstances of willfulness or gross
negligence, violators may be fined up to $25,000 per day of violation.
G. CONTESTING THIS NOV/CO
This NOV/CO is effective immediately and shall become final unless contested in writing within thirty
(30) days after the date this NQV/CO was signed. See Utah Administrative Code § R317-9-3(3). Any
further administrative proceedings in this case shall be conducted formally under Utah Code Ann. §§
63G4-101 through 63G-4-601.
To contest this NOV/CO, you must respond in writing and must comply with the requirements of the
Administrative Rules of the Water Quality Board, found at Utah Administrative Code § R317-9 and
with the requirements of the Utah Administrative Procedures Act, including Utah Code Ann. § 63-G-4-
201(3)(a) and (b). Those provisions of the Utah Administrative Procedures Act require, among other
things, that you state your factual and legal reasons for disagreeing with the Notice of Violation or
Compliance Order, and that you state the action that you would like the agency to take (e.g.,
withdrawing the NOV/CO).
A response contesting this NOV/CO must be received by the Co-Executive Secretary within 30
calendar days of receipt of this NOV/CO.
(Mailing address) (Address for by-hand or ovemight delivery)
Dane L. Finerfrock, Co-Executive Secretary Dane L. Finerfrock, Co-Executive Secretary
Ulah Water Quality Board Utah Water Qualily Board
168 North 1950 Wesl Utah DEQ Building"2, DRC 2"^ Floor
P.O. Box 144850 168 North 1950 West •
Salt Lake Cily, UT 84114-4850 Salt Lake City UT, 84114
November 9. 2009 Docket No. UGW09-05 Page 9
You will not be allowed to contest this NOV/CO in court or in any other forum if you do not first
contest the NOV/CQ as described above.
f dav of Signed this /l) Lday of November, 2009
UTAH WATER OUALFTY BOARD
Dane L. Finerfrock
Co-Executive Secretary
November 9. 2009 Docket No. UGW09-05 Page 10