DRC-2010-002773 - 0901a06880361a4d

State of Utah
JONM. HUNTSMAN, JR.
Governor
GARY HERBERT
Ueutenant Governor
Department of
Environmental Quality
William J. Sinclair
Aetin^ Executive Direnor
DIVISION OF RADLATION CONTROL
Dane L. Finerfrock
Director
DRC-2010-002773
April 1,20J0
David C. Frydenlund
Vice President and General Counsel
Denison Mines (USA) Corp, (DUSA)
lO.-iO 17"^ Street. Suite 950
Denver, CO 80265
Dear Mr. Frydenlund:
SUBJECT: March 22. 2010 DUSA Letter. Modified DMT Plan: February 25, 2010 DUSA Letter,
Response to January 19, 2010 Notice of Violation and Compliance Order (NOV/CO),
Docket No. UGW09-13, DUSA While Mesa Mill Facility: New DMT Plan 3/10
Revision: Denison-7; Approval of NOV/CO Response Letters; NOV/CO Close Out
We received your subject transmittal letter dated March 22, 2010, which provides a copy of a new, ''3/10
Revision: Denison-7" of the DMT Plan, as promised in the subject DUSA NOV/CO response letter of
February 25, 2010. The subject version of the DMT Plan was approved by DRC via a separate letter, dated
March 30, 2010.
We find the DUSA letters of February 25. 2010 and March 22, 2010 together provide an adequate respoase
to the NOV/CO referenced above. As a result we Find that:
1. For Violation No. 1, for Part l.D.6(a) of the Pennit, (or allowing the fluid head in the Cell 4A leak
deteciion system sump to exceed a 1-foot level above the lowest point in the lower flexible
membrane liner (or a LDS transducer reading of more than 30-inches of fluid), we accept the
DUSA responses that:
a. The root cause ofthe noncompliance was a malfunctioning pump, caused by an inadvertent
switching of the polarity ofthe power supply.
b. Correciive steps, taken to prevent recurrence ofthis noncompliance, are that the staff atthe Mill
is now aware ofthe cause ofthe problem (electrical polarity reversal), and will be in a position
to immediately address any recurrence of (he problem.
c. Compliance wa*; achieved on March 31, 2009, when the polarity was corrected.
2. For Violation No. 2, for Part l.G.3(a) of the Permit, \'or failing in provide 24-hour verbal notice
and five day written notice to the Execuiive Secretary for a BAT failure at the Tailings Cell 4A
leak detection system, we accept the DUSA responses that:
a. The root cause ofthe noncompliance resulted from DUSA's failure to understand the notice
requiremenis in Part I.G.3 ofthe Permit.
lOS Nonh 1950 Wtst • Siiti Lake C.i[y, UT
Mailine: Address: P.O. Box 144850 • Salt Lake City. UT Wn4-4S50
Telephone (SOI) 5.16-41'50 • Fa.\ '80l-53:-4097 • T.D.D (80Ji S:i6-U\d
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I'niiiKiJ on 100'^- rejyciLd paper
David C. Frydenlund
April 1,2010
Page 2
b. Corrective steps taken to prevent recurrence of the noncompliance include:
(1). DUSA corporate enviromnental staff and the Mill's radiation, safety and
environmental staff have been instructed on the proper application of Part I.G.3(a) ofthe
Permit; and
(2). By a letterdaled January J 4, 2010, DUSA proposed tothe Executive Secretary that the
DMT Plan be modified to state that notice must be made to the Executive Secretary under
Part I.G.3(a) of the Permit in the event lhat maximum solution level is exceeded in the Cell
4A LDS. The Executive Secretary approved DUSA's modification to the DMT plan by
letter dated March 30, 2010.
c. Full compliance will occur on or before March 22, 2010, with the submission to the Executive
Secretary of the subject revised DMT Plan.
We acknowledge thai the subject revised DMT Plan was approved on .March 30, 2010. The approved
revision to the DMT Plan adds verbiage to paragraph 2. l.p, which stales, "In addition, the requirement to
notify the Execuiive Secretary in accordance with Parts l.D.6 and I.G.3 ofthe Groundwater Discharge
Permit must be adhered to when the solution level trigger for Ceil 4A has been exceeded."
Further, pai-agraph 2.2.a ofthe DUSA NOV/CO response letter of February 25, 2010 states, "Denison's
corporate environmental staff and the Mill's radiation, safety and environmental staff have been instructed
on the proper application of Part I.G.3(a) ofthe Permit..."
Please be advised that because this non-compliance event constituied the first time that DUSA failed to
provide a verbal and written notice to the Division of a BAT failure at Cell 4A, the Executive Secretary has
determined to use enforcement discretion, and not seek a monetary penalty for the incident at this time.
Accordingly- the matter of NOV/CO Docket No. UGW09-13 is now closed.
Sincerely,
UTAH WATER QUALITY BOARD
Dane L. Finer/rpck
Co-Exec uti ve*^ecretary
DLF:LBM:DAR:dr
F\DUSA\NOV UCiW09-nnosc-oul04-lt).dnc