DRC-2010-002821 - 0901a0688017c8af

State of Utah
OARY R HERBERT
Gtivrnior
GREG BELL
Lieulenanf Gnvt'rnur
Department of
Environmental Quality
Amanda Smith
Exfcmiw Dirt^fliT
UrVIMON OF RADIATION CONTROL
Diine L. Finerfrock
Direcinr
April 20, 2010
Ceitified Mail
(Retum Receipt Requested)
Mr. David C. Frydenlund
Vice President and General Counsel
Denison Mines (USA) Corp. (DUSA)
1050 Seventeenth St. Suite 950
Denver, Colorado. 80265
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SLfBJECT: 4"" Quarter, 2009 DUSA Groundwater Monitoring Report: Ground Water Quality
Discharge Permit UGW370004: DRC Findings, Notice of Enforcement
UUcretion, and Recommendation
DearMr. Frydenlund:
The Utah Division of Radiation Control (DRC) received the 4"^ Quarter (October - December)
2009 Groundwater Monitoring Report on March L 2010. After review of the 4''' Quarter, 2009
Quarteriy Repon for the Denison Mines (USA) Corp. (DUSA) White Mesa Uranium Mill near
Blanding, Utah, the following issues were identified:
DUSA Analytical Laboratory Not Certified by State of Utah to Perform Test for
Tetraliydrofuran (THF)
During the 4^^^ Quarter (October), 2009 monitoring event, 26 THF samples were collected over a
nine day period (October 12 - 14, 19 - 21, and 26 - 28). DUSA sent the THF samples to American
West Analytical Laboratories (AWAL) for analysis.. Although AWAL is now certified by,the .
State of Utah Bureau of Laboratory Improvement to pertbrm volatile organics analysis by EPA
Method 8260C, it was not certified to perfoim testing for THF at the time AWAL perfonned
analysis for THF fOciober). This is a violation of Section 8.2 and Table 1 of the DUSA QAP and
Parts r.E.l(a) and LE.5(c) ofthe Permit.
Notice of Enforcement Discretion
The Executive Secretary has decided to use enforcement discretion in this matter for the following
reasons:
168 North V)50 West • Salt Like- Ciiv. LIT
Mailine .Address: P.O. Bo.^ 144350 • .SLJII Lake fily. UT S4114-48:5(1
Tekphone (301) 536-425(1 • Fa\ (801) 40^17 -TDD (8011 S.'ift-WM
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Mr. Frydenlund
March 30, 2010
Page 2
This same problem was pursued under a January 14, 2010 DRC 30 Day Payment Demand
Letter, in which DUSA paid the penalty of $4,000 on February 17, 2010, in accordance
with a November 14, 2007 Consent Agreement, signed by both DUSA and DRC.
On February 17, 2010, in response to the January 14. 2010 DRC 30 Day Payment Demand
Letter, DUSA stated "Denison has institided internal procedures To verify that its contract
laboratories maintain their certifications for all required constituents in the future. "
AWAL is now certified by the Utah SHL to perform analysis for TFTF under 8260C.
In a February 17, 2010 Letter, DUSA proposed a change to the DUSA QAP. In the
proposal, DUSA requested that; "Table I ofthe QAP be amended to require that the
analytical procedure to be used by the Mill's contract analytical laboratory for the
analysis of THF meihod Sm260B or SW8260C. " DUSA QAP (Rev. 5) was approved by
the DRC on February 23, 2010, which allows THF be analyzed by either EPA method
SW8260B or SW8260C.
Areas for Improvement: Recommendation
During review of the 4'^ Quarter, 2009 Report an area of improvement was identified for use in
preparation of future DUSA groundwater monitoring reports:
• It appears that the Time Concentrations Plot included as Tab T included results identified
as outliers in preparation of the Background Quality Reports. Tn the Background Reports,
these outliers were excluded for consideration; therefore, these outliers should be excluded
from the Time Concentration Plots as well. As these outliers may either show there a
problem when there really isn't one or hide a potential problem.
Thank you for your cooperation in this matter. If you have any questions or comments regarding
Ihis letter, please contact Phil Goble at [phone].
UTAH WATER QUALITY BOARD
Dane L. Finerwock
Co-Executive Secretary
PRG/DLF:prg
F \DlJSA\fiW .Samp]ing\2009\4ih Qrr 2009 GW SamplinyU" QTR 2009 NOED.doc