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
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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