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Home My WebLink AboutDRC-2012-001547 - 0901a068802e0253DENISO MINES .Oii DRC-2012-001547 Denison Mines (USA) Corp. 105017th Street, Suite 950 Denver, CO 80265 USA Tel • 303 628-7798 Fax • 303 389-4125 www.denisonmines com May 23, 2012 ' VIA FEDERAL EXPRESS Mr. Rusty Lundberg i Co-Executive Secretary Utah Water Quality Board • State of Utah Department of Environmental Quality 195 North 1950 West I P.O. Box 144850 • ! SaltLakeCity, UT 84114-4820 , , Dear W\r. Lundberg: i, Re: Denison Mines (USA) Corp. Settlement Agreement, Docket UGW12-01, 30 Day Payment Demand This letter is in response to your letter dated May 17, 2012 which Denison received on May 21, 2012 relating tp the above-referenced matter. Enclosed please find a check in the amount of $1,125.00 in payment of the, imposed penalty for five violations cited in the Notice of Violation and Order dated March 7, 2012. 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 Denison Mines (USA) Corp. White Mesa Mill Settlement Agreement, Docket No. UGW 12-0ISA UTAH WATER QUALITY BOARD EN THE MATTER OF DENISON MEMES (USA) CORP. 1050 17^" STREET, SUITE 950 DENVER, CO 80265 SETTLEMENT AGREEMENT DOCKET NUMBER UGW12-01SA This SETTLEMENT AGREEMENT (hereinafter "AGREEMENT") is between DENISON MINES (USA) CORP. (hereii^after "OPERATOR") and the UTAH WATER QUALITY BOARD (hereinafter the "BOARD"), conceming violations ofthe Utah Water Quality Act (the Act), Utah Code Annotated ("UCA") §§19-5-101 to -124, and the Utah Administj-ative Code ('VAC") 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. ^ 1. The CO-EXECUTIVE SECRETARY ofthe BOARD (hereinafter the "EXECUTIVE SECRETARY") will administer the terms and provisions of this AGREEMENT. UCA §§19-5-106 and 115. 3. This AGREEMENT resolves the 5 violations cited in the NOTICE OF VIOLATION and ORDER, Docket Number UGW12-01 (heremafter the "NOTICE") issued to the OPERATOR on March 7, 2012, by the BOARD. It does not in any way relieve the OPERATOR from any other obligation imposed imder the Act or any other State or Federal laws. - 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 tliis AGREEMENT is not an admission of liabihty or factual allegation set out in the NOTICE, nor is it auradmission 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 $1,125 within 30 calendar days ofthe effective date ofthis AGREEMENT by check. The check will be made payable to the State of Utah, dehvered or mailed to the Division of Radiation Control, Department ofEnvironmental Quahty, 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 considers such factors as the nature, severity and extent of the violations, history of noncomphance, degree of willfulness and/or neghgence, good faith Page 1 of2 Denison Mines (USA) Corp. White Mesa Mill Settlement Agreement, Docket No. UGW12-01SA efforts to comply, and economic benefit. 5. The deadline stipulated in item 5 above may be amended by prior written mutual agreement of the parties. The p^y 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 ofrecejpt ofthe request , 6. Nothing contained in this AGREEMENT shall preclude the BOARD from^ taking additiopal actions to include additional penalties against the OPERATOR for pennit violations not resolved by this AGREEMENT. 7. If an agreement between the OPERATOR and the EXECUTIVE SECRETARY cannot be reached in a dispute arising imder any provision of this AGREEMENT, then the - OPERATOR or the EXECUTIVE SECRETARY may commence a proceeding with the BOARD under 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 1 subject to judicial review under ^plicable state law. 8. Nothing in this AGREEMENT shall constitute a waiver by the OPERATOR to raise in defense any legal or factual c^)ntention for future allegations of noftcompHance. / 9. Notihing in this AGREEMENT shall constitute or be considered as a release firom any claims, to include natiiral resource damage claims, cause of action, or demand in law or etjuity which the STATE may have against the OPERATOR, or any other person, firm, . partnership or corporation for any liability arising out of or relating ini any way to the release of pollutants tb/waters of the State.. AGREED to this day of ^ DENISON S (USA) CORP _,2012. UTAH WATER QUALITY BOARD By Dayidlfryd^ DUSA Vice President and Counsel Rusty Lundberg Co-Executive Secretary Page 2 of2 :.l:IMI?MW.!.l.|l|,Mj.'tJJ:ll.'tdj.M»i:M^:N,MI^.1«:IJ<^jlNJiJ.1Jj:aWtj!l!IN:>IJ:IL'tH.l-I^Tn7^ DENISO MINES DENISON MINES (USA) CORP. 1050 - 17TH STREET, SUITE 950 DENVER, co: 80265 WELLS FARGO BANK, N A. Denver Denver, CO 80274 5/23/201^^^ 59535 23-7/1020 $1.1^W^ ; PAY One Thousand One Hundred Twenty Five Dollars and 00 Cents TOTHE ORDER OF State Of Utah 195 North 1950 West POBox 144850 Salt Lake City. UT 84114^850 PER PER bj!ll:l.l»MII.^|j:yj.t.|^/.V.'l;l!IJ.\*.l=j.M:l..L^Ji:im^llM!l.l.lJ.I4ckl!l:t.-|^l.N.li:rHjiy^^^^ "•0 5^5 3 511" i: 10 aoooo7&i: lo IB IE. IO Li"-