DRC-2010-004082 - 0901a068801ac8a2

,r''v",'Li.'SS.
State of Utah
GARY R, HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Executive Director
DfVISlON OF RADIATION CONTROL
Rusty Lundberg
Director ZQiO
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
July 26, 2010
Mr. David C. Frydenlund
Vice President and General Counsel
Denison Mines (USA) Corp. (DUSA)
1050 Seventeenth Street, Suite 950
Denver, CO 80265
Re: NOTICE OF VIOLATION and ORDER; Docket Numbers UGWl 0-03 - Settlement Agreement
Dear Mr. Frydenlund,
Thank you for returning the June 28, 2010 Settlement Agreement, recently negotiated to resolve the NOV
Docket No. UGWl 0-03 issued on April 20, 2010. We have executed the Agreement and return a copy of it
herewith for your records.
In accordance with the DRC Proposed Civil Penahy Letter, dated June 28, 2010, originally prepared to
resolve DRC NOTICE OF VIOLATION (NOV) and ORDER Docket Number UGWl 0-03 issued on
April 20, 2010, DUSA is required to remit a check of $17,309 within 30 calendar days of the effective date
ofthe AGREEMENT or by August 25, 2010.
Thank you for cooperating in this matter.
Sincerely,
UTAH WATER QUALITY BOARD
Rusty Lundberg,
Co-Executive Secretary
Enclosure: June 28, 2010 Settlement Agreement for Docket No. UGWlO-03
168 North 1950 Wesl • Salt Uke City, UT
Mailing Address: P.O.Box 144850 • Salt Uke City, UT 84114-4850
Telephone [phone] • Fax [phone] • TD.D. (80J) 536-4414
www.deq.ufah.gov
Printed on 100% recycled paper
Denison Mines (USA) Corp.
WHITE MESA MILL
Settlement Agreement, 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"), concerning violations of the Utah Water Quality Act (the Act),
Utah Code Annotated ("UCA ") §§19-5-101 to -124, and the Utah Administrative 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 of this AGREEMENT. UCA
§§19-5-106 and 115.
3. This AGREEMENT resolves all eight violations cited in the NOTICE OF VIOLATION
and ORDER, Docket Number UGWl 0-03 (hereinafter the "NOTICE") issued to DUSA on
April 20,2010, by the BOARD (incorporated hereto by reference). It does not in any way
relieve DUSA fi-om any other obligation imposed under ihQAct or any other State or Federal
laws.
4. The parties now desire to resolve this matter fully without ftirther 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
permit 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 $17,309 by check
within 30 calendar days of the effective date of this AGREEMENT. The check
Page 1 of2
Denison Mines (USA) Corp.
WHITE MESA MILL
Settlement Agreement, t)ockct No. IIGW10-03SA
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 fi-om 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 Mndet 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 ^^^\y of ^^^^M^ 2010.
DENISON MINES (USA) CORP UTAH WATER QUALITY BOARD
WID
DUSA Vice
iC. FRYDENLUND
1 ^President and Counsel
DANE L. FINERFROCK
Co-Executive S«
Page 2 of2