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Home My WebLink AboutDRC-2011-001017 - 0901a068801f0e9cRC- 201 1-00 10 17 Denison Mines (USA) Coip, WHITE MESA MILL Settlemenl Agreement, Docket Mo. UGW10-04SA UTAH WATER QUALITY BOARD IN THE MATTER OF Denison Mines (USA) Corp. 1050 SEVENTEENTH STREET SUITE 950 DENVER, COLORADO 80265 SETTLEMENT AGREEMENT DOCKET NUMBER UGW10-04SA This SETTLEMENT AGREEMENT (hereinafter "AGREEMENT") is between Denison Mines (USA) Corp. (heieinafter "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 Uiah Administrative Code ("UAC") R317-1 to-560. 1. The BOARD has authority to administer the Utah Water Quality Act, and the Utah Admimstrative Code, UCA §§19-5-106 and -115. 2. The CO-EXECUTIVE SECRETARY ofthe BOARD (hereinafter the "EXECUTIVE SECRETARY") will administer the terms and provisions ofthis AGREEMENT. UCA §§19-5-106 and 115. 3. This AGREEMENT resolves all five violations cited in the NOTICE OF VIOLATION AND CEASE AND DESIST COMPLIANCE ORDER Docket Number UGW 10-04 (hereinafter the "NOTICE") issued to DUSA on May 13, 2010, by the BOARD (incorporated hereto by reference). DUSA did not appeal the ORDER by requesting a hearing before the BOARD; therefore, the ORDER became final. It does not in any way relieve DUSA from any other obligation imposed under the Act or any other State or Federa! laws. 4. The parties now desire to resolve this matter fully without further 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 Page 1 of 2 Denison Mines (USA) Corp, WHITE MESA MILL Settlement Agreement, Docket No. UGW10-04SA AGREEMENT, DUSA agrees to pay a total penalty amount of $62,500 by check within 30 calendar days of the effective date ofthis AGREEMENT. The check will be made payable to the State ofUtah, delivered or mailed to the Division of Radiation Control, Department of Environmental Quality, 195 North 1950 West, P.O. Box 144850, Salt Lake City, Utah 84114-4850. The penalty has been detennined 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 ofnoncompliance, degree of willfulness and/or negligence, good faith efforts to comply, and economic benefit. 6. Nothing contained in this AGREEMENT shall preclude the BOARD from taking additional actions to include additional penalties against DUSA for permii 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 ofthis AGREEMENT, then DUSA or the EXECUTIVE SECRETARY may commence a proceeding with the BOARD under thc Utah Administrative Procedures Act, Utah Code Annotated §§ 630-4-101 to -601 to resolve the dispute. A final decision in any adjudicative proceeding shall be subject to judicial review under applicable state law. Nothing in this AGREEMENT shall constitute a waiver by DUSA to raise in defense any legal or factual contention for ftiture allegations of noncompliance. 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 tjj) waters of the State. AGREED to this \0 day of ^^VUx.a.V^^, 201/ ^ DENISON MINES (USA) CORP UTAH WATER QUALITY BOARD FRYDENLUND :e President and Counsel By RUSTY LUNI^RG Co-Executive Secretary Page 2 of 2