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Home My WebLink AboutDRC-2011-007649 - 0901a0688029287aDENISO MINES Denison Mines (USA) Corp. 105017th Street, Suite 950 Denver, CO 80265 USA Tel: 303 628-7798 Fax:303 389-4125 www.denisonmlnes.com December 5, 2011 VIA FEDERAL EXPRESS Mr. Rusty Lundberg Co-Executive Secretary Utah Water Quality Board State of Utali Department of Environmental Quality 195 North 1950 West P.O. Box 144850 Salt Lake City, UT 84114-4820 Dear Mr. Lundberg: Re: Denison Mines (USA) Corp. ("Denison") Settlement Agreement, Docket UGW11-04, Settlement Agreement This letter is in response to the Utah Division of Radiation Control's ("DRC's") letter dated November 15, 2011 which Denison received on November 18, 2011 relating to the above-referenced matter. Due to an oversight on Denison's part, we neglected to return the signed agreement within 10 days after receipt. Enclosed please find two copies of the proposed Settlement Agreement for Docket UGW11-04, signed by Denison. Please provide a copy signed by DRC at your earliest convenience. Thank you for your understanding in this matter. If you have any questions or require anything further, please contact the undersigned. Yours very truly. DENISON MINES (USA) CORP. Jo Ann Tischler Director, Compliance and Permitting cc: David C. Frydenlund Ron F. Hochstein Harold R. Roberts David E. Turk Katherine A. Weinel Denison Mines (USA) Corp. White Mesa Mill Settlement Agreement, Docket No. UGWl I-04S A UTAH WATER QUALITY BOARD IN THE MATTER OF DENISON MINES (USA) CORP. 1050 17™ STREET, SUITE 950 DENVER, CO 80265 SETTLEMENT AGREEMENT DOCKET NUMBER UGW1104SA This SETTLEMENT AGIIEEMENT (hereinafter "AGREEMENT") is between DENISON MINES (USA) CORP. (hereinafter "OPERATOR") and the UTAH WATER QUALITY BOARD (hereinafter the "BOARD"),-conceming 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 Quahty Act, and the Utah Administrative Code. UCA §§19-5-106,-115. 2. The CO-EXECUTIVE SECRETARY of the BOARD (hereinafter the "CO-EXECUTIVE SECRETARY") will administer the terms and provisions of this AGREEMENT. UCA §§19-5-106 and 115. 3. This AGREEMENT resolves the 3 violations cited in the NOTICE OF VIOLATION and ORDER, Docket Number UGWll-04 (hereinafter the "NOTICE") issued to the OPERATOR on August 15, 2011, by the BOARD. It does not in any way reheve the OPERATOR from any other obligation imposed under the Act or any other State or Federal 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 the OPERATOR. 5. In resolution of violations of the NOTICE referenced in Paragraph 3 of this AGREEMENT, the OPERATOR agrees to pay a total penalty amount of $11,955 within 30 days ofthe effective date of this AGREEMENT by check. The check will be made payable to the State of Utah, 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 determined using the Penalty Criteria for Civil Settlement Negotiations, Utah Administrative Code ("UAC") R317-1-8 which Page 1 of 2 Denison Mines (USA) Corp. White Mesa Mill Settlement Agreement, Docket No. UGWl 1-04SA 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. 6. The deadline stipulated in item 5 above may be amended by prior written mutual agreement of the parties. The party requesting the amendment must write to the other party 14 days before the documented deadline and request an amendment of the deadline. The other party will either agree to or deny the amendment in writing within 10 days of receipt of the request. 7. Nothing contained in this AGREEMENT shall preclude the BOARD from taking additional actions to include additional fjenalties against the OPERATOR for permit violadons not resolved by this AGREEMENT. 8. If an agreement between the OPERATOR and the EXECUTIVE SECRETARY cannot be reached in a dispute arising under any provisioii of this AGREEMENT, then the OPERATOR or the CO-EXECUTIVE SECRETARY may commence a proceeding with the BOARD under the Utah Administrative Procedures Ac t, 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. 9. Nothing in this AGREEMENT shall constitute a waiver by the OPERATOR to raise in defense any legal or factual contention for future allegations of noncompliance. 10. 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 the OPERATOR, 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 .2011. DENISON IVUNES (ZJSA) CORP UTAH WATER QUALITY BOARD By. DUS A Vice President and Counsel Rusty Lundberg Co-Executive Secretary Page 2 of 2 Denison Mines (USA) Corp. White Mesa Mill Settlement Agreement, Docket No. UGWl 1-04SA UTAH WATER QUALITY BOARD IN THE MATTER OF DENISON MINES (USA) CORP. 1050 17™ STREET, SUITE 950 DENVER, CO 80265 SETTLEMENT AGREEMENT DOCKET NUMBER UGW11-04SA This SETTLEMENT AGREEMENT (hereinafter "AGREEMENT") is between DENISON MINES (USA) CORP. (hereinafter "OPERATOR") and the UTAH WATER QUALITY BOARD (hereinafter the "BOARD"), conceming violations of the Utah Water Quality Act (the AcO, 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,-115. 2. The CO-EXECUTIVE SECRETARY of the BOARD (hereinafter the "CO-EXECUTIVE SECRETARY") will administer the terms and provisions of this AGREEMENT. UCA §§19-5-106 and 115. 3. This AGREEMENT resolves the 3 violations cited in the NOTICE OF VIOLATION and ORDER, Docket Number UGWll-04 (hereinafter the "NOTICE") issued to the OPERATOR on August 15, 2011, by the BOARD. It does not in any way reheve the OPERATOR from any other obligation imposed under the Act or any other State or Federal laws. 5. 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 the OPERATOR. In resolution of violations of the NOTICE referenced in Paragraph 3 of this AGREEMENT, the OPERATOR agrees to pay a total penalty amount of $11,955 within 30 days of the effective date of this AGREEMENT by check. The check will be made payable to the State of Utah, 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 determined using the Penally Criteria for Civil Settlement Negotiations, Utah Administrative Code ("UAC") R317-1-8 which Page 1 of 2 Denison Mines (USA) Corp. White Mesa Mill Settlement Agreement, Docket No. UGWl 1-04SA 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. 6. The deadline stipulated in item 5 above may be amended by prior written mutual agreement of the parties. The party requesting the amendment must write to the other party 14 days before the documented deadline and request an amendment of the deadline. The other party will either agree to or deny the amendment in writing within 10 days of receipt of the request. 7. Nothing contained in this AGREEMENT shall preclude the BOARD from taking additional actions to include additional penalties against the OPERATOR for permit violations not resolved by this AGREEMENT. 8. If an agreement between the OjPERATOR and the EXECUTIVE SECRETARY cannot be reached in a dispute arising under any provision of this AGREEMENT, then the OPERATOR or the CO-EXECUTIVE SECRETARY may commence a proceeding with the BOARD under the Utah Administrative Procedures Ac t, 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. 9. Nothing in this AGREEMENT shall constitute a waiver by the OPERATOR to raise in defense any legal or factual contention for future allegations of noncompliance. 10. 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 the OPERATOR, 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, 2011. DENISON MINES (USA) CORP D^id Frydenlund DUSA Vict President and Counsel UTAH WATER QUALITY BOARD By. Rusty Lundberg Co-Executive Secretary Page 2 of 2