DRC-2010-001917 - 0901a0688016aca9

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State of Utah
GARY R. HERBERT
Govemor
GREG BELL
Lieutenant Govemor
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Dane L. Finerfrock
Director
00191/
February 11,2010
CERTIFIED MAIL
(Return Receipt Requested)
Mr. David C Frydenlund
Vice President and General Counsel
Denison Mines (USA) Corp. (DUSA)
1050 Seventeenth St. Suite 950
Denver, Colorado, 80265
Subject: Review of the White Mesa Uranium Mill Chloroform Monitoring Report 2nd Quarter (April
through June) 2009, Denison Mines (USA) Corp. Notice of Enforcement Discretion and
Closeout Letter.
Dear Mr. Frydenlund:
The Division of Radiation Control (hereafter "DRC") has finished the review of the White Mesa Uranium
Mill Chloroform Monitoring Report 2"'' Quarter (April through June) 2009 (hereafter "Report"). This
review found there to be seven violations of the White Mesa Uranium Mill Ground Water Monitoring
Quality Assurance Plan (hereafter "QAP"). All seven violations are continuing violations that were cited
previously in the November 10, 2009 Notice of Violation and Compliance Order Docket No. UGW09-05
(hereafter "NOV"). This November NOV was based on DRC findings from the 3"^ quarter 2008, 4*
quarter 2008, and 1^' quarter 2009 chloroform monitoring reports. The continuing violations are
summarized below:
1. Section 6.2.5 of the Denison Mines (USA) Corp. (hereafter "DUSA") QAP, for failing to completely
follow all decontamination procedures for sampling equipment in the 2"'' Quarter chloroform
monitoring event. This is a repeat violation cited previously in a November 10, 2009 NOV (Violation
No. 1).
2. Section 6.2.7(d)(v) ofthe DUSA QAP, for failing to make and record multiple field measurements to
demonstrate parameter stability before water quality sample collection in 21 monitoring wells for the
2"^* Quarter 2009 chloroform monitoring event. This is a repeat violation cited previously in a
November 10, 2009 NOV (Violation No. 3)
3. Section 6.2.7(e) of the DUSA QAP, for failing to follow purging procedures before sampling well
TW4-14 in the 2"'' Quarter chloroform monitoring event. This is a repeat violation cited previously in
a November 10, 2009 NOV (Violation No. 2).
4. Section 6(c) of Appendix A of the DUSA QAP, for failing to provide historic groundwater level data
for wells TW4-23, TW4-24, and TW4-25 in the 2"^ Quarter Report. This is a repeat violation cited
168 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone]-Fax [phone]-T.D.D. [phone]
www.deq. iitah.gov
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Page 2
previously in a November 10, 2009 NOV (Violation No. 7).
5. Section 6(c) of Appendix A of the DUSA QAP, for failing to include a chloroform isoconcentration
map with a 70 ^g/L boundary in the 2"^ Quarter Report. This is a repeat violation cited previously in a
November 10, 2009 NOV (Violation No. 9).
6. Section 6(c) of Appendix A of the DUSA QAP, for failing to provide: a) historic analytical results and
a summary data table for four (4) analytes in the 2"'' Quarter Report, including: carbon tetrachloride,
chloride, chloromethane, and Methylene chloride, and b) all analytical results for three wells, TW4-23,
TW4-24, and TW4-25. This is a repeat violation cited previously in a November 10, 2009 NOV
(Violation No. 8).
7. Section 6(c) of Appendix A of the DUSA QAP, for failing to report in the 2"'' Quarter Report:
A. Total historic chloroform mass removed from the shallow aquifer to date,
B. Total historic chloroform mass removed from each pumping well (MW^, MW-26, TW4-19, and
TW-4-20) to date,
C. Calculated chloroform mass removed from each pumping well (MW-4, MW-26, TW4-19 and
TW4-20) in the quarter, and
D. Total chloroform mass removed in the quarter.
This is a repeat violation cited previously in a November 10, 2009 NOV (Violation No. 10).
Notice of Enforcement Discretion
On December 16, 2009 the DRC received a letter from DUSA that responded to resolve the November 10,
2009 NOV. In this DUSA letter it stated that addenda would also be submitted to DRC providing missing
information for each of the three (3"^^ quarter 2008, 4* quarter 2008, and T' quarter 2009 chloroform
monitoring reports) reports. These addenda were received by the DRC on December 21, 2009 along with a
addenda for the 2"'' quarter 2009 monitoring report.
Because DRC received the DUSA letter and the addenda for the 2"'' quarter 2009 monitoring report before
this review, DRC used these two documents as a basis to review to determine if DUSA resolved the eight
violations listed above.
Based on the review of the DUSA letter and addenda DRC agrees with the following for each of the eight
violations, including: 1) the stated root causes, 2) steps that have been or will be taken to correct the
violations, and 3) steps taken to prevent reoccurrence of the violations. Therefore, DRC accepts the DUSA
December 14, 2009 letter that outlines a plan by which DUSA will prevent the problems identified and
retum to compliance effective with the 4"* quarter, 2009 chloroform monitoring report The DRC expects
that DUSA's actions in this regard will be lasting.
This letter constitutes a closeout for the review of the White Mesa Uranium Mill Chloroform Monitoring
Report for the 2"^* Quarter (April through June) 2009. Thank you for cooperating in this matter.
UTAH WATER QUALITY BOARD
Dane L. Finerfrock
Co-Executive Secretary
DLF/DH