DRC-2011-007728 - 0901a0688029ac69

Denison Mines (USA) Corp.
105017th Street, Suite 950
Denver, CO 80265
USA
Tel: [phone]
Fax:[phone]
www.denisonmines.com
December 16, 2011
VIA FEDERAL EXPRESS
Mr. Rusty Lundberg
Co-Executive Secretary
Utah Water Quality Board
State of Utah Department of Environmental Quality
195 North 1950 West
P.O. Box 144850
Salt Lake City, UT 84114-4820
Dear Mr. Lundberg:
Re: Denisom Mines (USA) Corp. Settlement Agreement, Docket UGW11-04, 30 Day Payment
Demand
This letter is in response to your letter dated December 12, 2011 which Denison received on December
16, 2011 relating to the above-referenced matter.
Enclosed please find a check in the amount of $11,955.00 in payment of the imposed penalty for three
violations cited in the Notice of Violation and Order dated August 15, 2011.
If you have any questions or require anything further, please contact the undersigned.
Yours very truly.
DENISON MINES (USA) CORP.
C/
Jo Ann Tischler
Director, Compliance and Permitting
cc: David C. Frydenlund
Ron F. Hochstein
Harold R. Roberts
David E. Turk
Denison Mines (USA) Corp.
White Mesa Mill
Settlement Agreement, Docket No. UGWil-04SA
UTAH WATER QtJALITY BOARD
IN THE MATTER OF
DENISON M.INES (USA) CORP.
1050 17™ STREET, SUITE 950
DENVER, CO 80265
SETTLEMENl^ AGREEMENT
DOCKET NUMBER UGW11-04SA
This SET^n^EMENT 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 QuaUty Act (iht
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,-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 UGWl 1-04 (hereinafter the "NOTICE") issued to the
OPERATOR on August 15, 2011, by the BOARD. It does not in any way relieve 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 administraiive
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, mle, 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 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 Penalty Criteria for
Civil Settlement Negotiations, Utah Administrative Code ("UAC") R317-1-8 which
Page i of 2
Denison Mines (USA) Corp.
White Mesa Mili
Seltlement 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 againsi the OPERATOR for permit violations 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 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-l0l
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 noncomphance.
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 v^/hich
the STATE may have against the OPERATOR, or any other person, fimi, partnership or
coiporation for any hability arising out of or relating in any way to thc release of pollutants to
waters of the State.
AGREED to this fe'^day of \)jPLCLKNik^f2jr . 2011.
DENISON IVUNES (USA) CORP UTAH WATER QUALITY BOARD
id Frydenlund
DUSA Vict President and Counsel
Rusty LuQCtpcrg
Co-Executive Secretary
Page 2 of 2