The URL can be used to link to this page

Home My WebLink AboutDRC-2012-001542 - 0901a068802e024dC-2012-001542 DENISO M'NES May 25, 2012 ^ VIA E-MAIL AND OVERNIGHT DELIVERY Denison Mines (USA) Corp 105017th Street, Suite 950 Denver, CO 80265 USA Tel . 303 628-7798 Fax • 303 389-4125 www denisonmines com Mr. Rusty Lundberg . ^ Co-Executive Secretary Utah Water Quality Board . ; / Utah Department of Environmental Quality i • 195 North 1950 West .^ ^ P.O. Box 144820 i SaltLakeCity, UT 84114-4820 ^ ' Re- • • State of Utah Groundwater Discharge Permit ("GWDP'.') No. U Written Request for a Groundwater. Discharge Permit Modification specified in Division of Radiation Control ("DRC") correspondence dated Apnl 16, 2012 : Dear Mr Lundberg. - Reference is made to the Division of Radiation Control ("DRC") letter dated Apnl 16, 2012, regarding Denison. Mines (USA) Corp's ("Denison's") responses to the DRC review of the first, second and third quarter 2011 groundwater reports.. In the April 16, 2012 letter, DRC requested "/n order to formalize the April 5, 2010 discussion Items related to out-of-compliance reporting and sampling, please provide a written request for a groundwater pemnit modification (groundwater permit, out-of-compliance notificatior) and accelerated monitoring requirements) for Executive Secretary review and approval." This letter constitutes Denison's request for proposed modifications ofithe Groundwater Discharge Permit ("GWDP"), Parts I .GVTthrough I .G.4 of the GWDP in redline stnkeout format Denison is not requesting changes to any other Part of the GWDP under this request letteir. Please contact me if you have any questions or require any further information. Yours very/ruly. Tischler ' / / Director, Compliance and Permitting cc. David C Frydenlund Ron F Hochstein Harold R Roberts David E. Turk Kathy A Wemel Attachments Letter to Mr. Rusty Lundberg May 25, 2012 Page 2 " • ATTACHMENT A i Proposed Changes to the GWDP Parts I .G 1 Through 1.G.4 DENISO MINES Letter to Mr, Rusty Lundberg May 25, 2012 Page 3 G. OUT OF COMPLIANCE STATUS 1. Accelerated Monitoring Status - is required if the concentration of a pollutant in any compliance monitonng sample exceeds a GWCL in Table 2 of the Permit; the facility shall then. a) Notify the Executive Secretary in writing (the Exceedance Notice) within 30 calendar days of receipt of the last analvtical data report for samples collected within a quarter, including quarterty and monthlv samples, but no later than 60 davs after the end of the quarter, and b) Immodiatoly ilnitiate accelerated sampling of the pollutant as follows : 1) Quarterfy Baseline Monitonng Wells - for wells defined by Part I.E.1(b) the Permittee shall initiate monthly monitonna. Monthlv monitonng shall begin the month following the month in which the Exceedance Notice is provided to the Executive Secretarv 2) Semi-annual Baseline Monitonng Wells - for wells defined by Part 1 E.1(c) the Permittee shall initiate quarterly monitonng. Quarterfy monitoring shall begin the quarter following the guarter in which the Exceedance Notice is provided to the Executive Secretarv. Said accelerated monitonng shall continue at the frequencies defined above until the compliance status of the facility can be determined by the Executive Secretary 2. Violation of Permit Limits - out-of-compliance status exists when the concentration of a pollutant in two consecutive samples from a compliance monitonng point exceeds a GWCL in Table 2 of this Permit 3. Failure to Maintain DMT or BAT Required by Permit a) Permittee to Provide Infonnation - in the event that the Permittee fails to maintain DMT or BAT or otherwise fails to meet DMT or BAT standards as required by the Pemnit, the Permittee shall submit to the Executive Secretary a notification and descnption of the failure according to R317-6-6.16(C)(1) Notification shall be given orally within 24- hours of the Permittee's discovery of the failure of DMT or BAT, and shall be followed up by written notification, including the information necessary to make a determination under R317-6-6.16(C)(2), within five calendar days of the Permittee's discovery of the failure of best available technology. b) The Executive Secretary shall use the information provided under R317-6-6.16.C(1) and any additional information provided by the Permittee to determine whether to initiate a compliance action against the Permittee for violation of Permit conditions A compliance action shall not be Initiated, if the Executive Secretary determines that the Permittee has met the standards for an affirmative defense, as specified in R317-6- 6.16(C)(3)(c). c) Affirmative Defense - in the event a compliance action is initiated against the Permittee for violation of Permit conditions relating to best available technology or DMT, the Permittee may affirmatively defend against that action by demonstrating the following: 1) The Permittee submitted notification according to R317-6-6 13, DENISO MINES Letter to Mr. Rusty Lundberg May 25, 2012 ; Page 4 2) The failure was not intentional or caused by the Permittee's negligence, either in action or in failure to act, 3) The Permittee has taken adequate measures to meet Permit conditions in a timely manner or has submitted to the Executive Secretary, for the Executive Secretary's approval, an adequate plan and schedule for meeting Permit conditions, and ' ' 4) The provisions of UCA 19-5-107 have not been violated. , 4. Facility Out of Compliance Status - if the facility is out of compliance, the following is required. a) The Permittee shall notify the Executive Secretary of the out of compliance status within 24-hours after detection of that status, followed by a written notice within 5 calendar days of the detection. b) The Permittee shall continue accelerated sampling pursuant to Part 1 G 1, unless the Executive Secretary determines that other penodic sampling is appropnate, until the facility IS brought into compliance. . c) The Permittee shall prepare and submit to the Executive Secretarv within 30 calendar davs following the date the Exceedance Notice is submitted to the Executive Secretary^ a plan and a time schedule for assessment of the sources, extent and potential - dispersion of the contamination, and an evaluation of potential remedial action to restore and maintain groundwater quality to insure that Permit limits will not be exceeded at the . compliance monitonng point and that DMT or BAT will be reestablished. DENISO MINES