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Home My WebLink AboutDRC-2012-001811 - 0901a06880303be5State of Utah GARY R HERBERT Governor GREG BELL Lieutenant Governor ^1 department of Environmental Quality Amanda Smith Executive Director DIVISION OF RADIATION CONTROL Rusty Lundberg Director 001811 July 23, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr David C Frydenlund Vice President and General Counsel Denison Mines (USA) Corp (DUSA) 1050 Seventeenth St Suite 950 Denver, Colorado, 80265 Subject 1'* Quarter, 2012 DUSA DMT Performance Standards Momtonng Report and Cell 4A and Cell 4B Performance Standards Momtonng Report (Dated May 30, 2012) Ground Water Quality Discharge Permit UGW3 70004 DRC Findings, Notice of Enforcement Discretion and Closeout Dear Mr Frydenlund On May 31, 2012, the Utah Division of Radiation Control (DRC) received the 1'^ Quarter, 2012 DMT Performance Standards Monitonng Report and Cell 4A and Cell 4B Performance Standards Monitonng Report (dated May 30, 2012) for the DUSA White Mesa Mill near Blanding, Utah This letter summanzes the outcome of our staff review of the Report The DRC findings were as follows 1 Part I E 8(a)(1) of the GWDP requires DUSA to provide continuous operation of the Cell 4B leak detection system pumping and monitonng equipment, and to make such equipment operational within 24 hours of discovery of a failure of such equipment On March 14, 2012 Mill personnel discovered that the LDS programmable logic controller (PLC) had ceased reporting and recording discharge flow rates Working with the equipment vendor, on March 15, 2012 DUSA identified the need to replace the PLC board DUSA received and installed the replacement on March 16, 2012 2 DUSA notified the DRC verbally of the failure on March 14, 2012 and in wnting on March 19,2012 3 In all other respects it appears DUSA complied with applicable standards as detailed in the DMT and BAT Plans 195 North 1950 West • Salt Uke City, UT Mailing Address P O Box 144850 • Salt Uke City, UT 84114-4850 Telephone (801) 536-4250 • Fax (801) 533-4097 -TDD (801) 536-4414 www deq utah gov Printed on 100% recycled paper David C Frydenlund Page 2 July 23,2012 Notice of Enforcement Discretion Although DUSA failed to retum the Cell 4B leak detection system PLC to full fimctionality within 24 hours of discovenng a failure of the product, the Division Director has determined to use enforcement discretion m this matter, based on 1 DUSA personnel made reasonable efforts to troubleshoot and repair the flow totalizer 2 DUSA continued to monitor the system to ensure proper operation, and to detect recurrent problems at the time they occurred, rather than days later 3 The product failure and protracted trouble shooting did not result in a violation of the performance standards for the leak detection system, or result in failure to detect a liner breach 4 Repairs which DUSA has made appear to have retumed the equipment to proper operation Closeout Inasmuch as no open issues remain, DRC considers the review of the 1st Quarter, 2012 DUSA DMT Performance Standards Monitonng Report and the Cell 4A and Cell 43 Performance Standards Monitonng Report and the failure of the flow totalizer to be hereby closed Ifyou have any questions please contact at Russ Topham at (801) 536-4256 Sincerely, Rusty Lundberg Director RL/RJT rjt 113 wD I a r-=1 cr o o o • HI HI C3 r- U.S. Postal Service™ CERTIFIED MAILT. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com,B Postmark Postage Certified Fee Retum Receipt Fee _>^.-.«I-MT RE 7/23/12, NOTICE OF^ENFORCEMENT RJT David C Frydenlund Vice President & General Counsel Denison Mines (USA) Corp (DUSA) 1050 17th ST STE 950 Denver CO 80265 PS Form 3100. August 2006 See Reverse (or Instructions ENDER: COMPLETE THIS SECTION Complete items 1,2, and 3 Also complete Item 4 if Restncted Delivery Is desired • Pnnt your name and address on the reverse so that we can return the card to you • Attach this card to the back of the mailpiece, or on the front if space permits 1 Article Addressed to COMPLETE THIS SECTION ON DELIVERY (J^Agent • Addressee b Date.oIX)elivery RE 7/23/12, NOTICE OF ENFORC RJT David C Frydenlund Vice President & General Counsel Denison Mines (USA) Corp (DUSA) 105017th ST STE 950 Denver CO 80265 • Yes 2 Article Number (Transfer from service label) 7D11 DUO DDOl 7T51 DbbD PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-1540