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HomeMy WebLinkAboutDRC-2010-003961 - 0901a068801a5e9dORC-2010-00396i Denison Mines (USA) Corp. WHITE MESA MILL Settlement Agreonent, Docket No. UGW10-03SA UTAH WATER QUALITY BOARD IN THE MATTER OF Denison Mines (USA) Corp. 1050 SEVENTEENTH STREET SUITE 950 DENVER. COLORADO 80265 SETTLEMENT AGREEMENT DOCKET NUMBER UGW10-03SA This SETTLEMENT AGREEMENT (hereinafter "AGREEMENT") is between Denison Mines (USA) Corp. (hereinafter "DUSA") and the UTAH WATER QUALITY BOARD (hereinafter the "BOARD"), conceming violations ofthe Utah Water Qaality Aot (the Act), Utah Code Ajmotated ("UCA ") §§19-5-101 to -124, and the Utah Administratiye Code ("UAC")R317-1 to-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 EXECUTIVE SECRETARY of the BOARD (hereinafter the "EXECUTIVE SECRETARY") will administer the terms and provisions ofthis AGREEMENT. UCA §§19-5-106 and 115. 3. This AGREEMENT resolves all eight violations cited in the NOTICE OF VIOLATION and ORDER, Docket Number UGW 10-03 (hereinafter the "NOTICE") issued to DUSA on April 20,2010, by the BOARD (incorporated h^-eto by reference). It does not in any way relieve DUSA from any other obligation imposed under ihe Act or any otho- State or Federal laws. 4. The parties now desire to resolve this matter ftilly without ftnther 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 pennit by DUSA. 5. In resolution of the NOTICE referenced herein in paragraph 3, DUSA agrees to the settlement terms stated below: a. In resolution of Violations 1 - 5 of the NOTICE referenced in Paragraph 3 of this AGREEMENT, DUSA agrees to pay a total penalty amount of $17^ by check within 30 calendar days ofthe effective date ofthis AGREEMENT. The check Page 1 of2 Denison Mines (USA) Corp. WHITE MESA MILL Settlement Agreement, Docket No. UGW10-03SA Page 2 of 2 will be made payable to the State 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 determined using the Penalty Criteria for Civil Settlement Negotiations, Utah Administrative Code ("UAC") R317-1-8 which considers such factors as the nature, severity and extent of the violations, history of noncompliance, degree of willfulness and/or negligence, good faith efforts to comply, and economic benefit. b. In resolution of Violations 6, 7, and 8 of the NOTICE the EXECUTIVE SECRETARY agrees not to seek monetary penalties. 6. Nothing contained in this AGREEMENT shall preclude the BOARD from taking additional actions to include additional penalties against DUSA for permit violations not resolved by this AGREEMENT. 7. If an agreement between DUSA and the EXECUTIVE SECRETARY cannot be reached in a dispute arising under any provision of this AGREEMENT, then DUSA or the EXECUTIVE SECRETARY may commence a proceeding with the BOARD under the Utah Administrative Procedures Act, Utah 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. 8. Nothing in this AGREEMENT shall constitute a waiver by DUSA to raise in defense any legal or factual contention for future allegations of noncompliance. 9. 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. AGREED to this _____ day of _________________, 2010. DENISON MINES (USA) CORP UTAH WATER QUALITY BOARD By___________________________ By___________________________ DAVID C. FRYDENLUND DANE L. FINERFROCK DUSA Vice President and Counsel Co-Executive Secretary