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Home My WebLink AboutDRC-2013-002303 - 0901a06880381197l! ENERGY FUELS Energy Fuels Resources (USA) Inc. 225 Union Blvd. Suite 600 Lakewood, CO, US, 80228 303 974 2140 www.energyfuels.com May 17,2013 VIA FEDERAL EXPRESS Mr. Rusty Lundberg Director Division of Radiation Control Utah Department of Environmental Quality 195 North 1950 West M DRC-2013-a P.O. Box 144850 Salt Lake City, UT 84114-4820 Dear Mr. Lundberg: Re: Energy Fuels Resources (USA) Inc. ("EFRI") Settlement Agreement, Docket UGW13- 01, Settlement Agreement This letter is in response to the Utah Division of Radiation Control's ("DRC's") letter dated May 7,2013 which EFRI received on May 10,2013 relating to the above-referenced matter. Enclosed please find two copies of the proposed Settlement Agreement for Docket UGW13-01, signed by EFRI. Please provide a copy signed by DRC at your earliest convenience. If you have any questions or require anything further, please contact the undersigned. David C. Frydenlund Senior Vice President, General Counsel and Corp Secretary cc: Jo Ann Tischler Harold R. Roberts Katherine A. Weinel > ^ UTAH DIVISION OF RADIATION CONTROL IN THE MATTER OF ENERGY FUELS RESOURCES (USA) INC. 225 UNION BLVD. SUITE 600 LAKEWOOD,CO 80228 SETTLEMENT AGREEMENT DOCKET NUMBER UGW13-01SA A. STATUTORY AUTHORITY This Settlement Agreement (hereinafter "AGREEMENT") is between Energy Fuels Resources (USA) Inc.(hereinafler "OPERATOR") and the Director of the Utah Division of Radiation Control (hereinafter the "DIRECTOR") under the Utah Water Quality Act, Utah Code Ann. §§ 19-5-101 to 19-5-123 (the ACT), including sections 19-5-104, 19-5-106, 19-5-111 and 19-5-115. Tins AGREEMENT is also executed in accordance with the Utah Administrative Procedures Act, Utah Code Ann. §§ 63G4-101 to 63G-4-601 and Administrative Procedure Rules, Utah Admin Code R305-6. Under the Water Quality Act, Utah Code Title 19, Chapter 5, "Director" for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Radiation Control, means the Director of the Division of Radiation Control. Utah Code Ann. § 19-5-102(6). The Director may enforce rules made by the Water Quality Board through the issuance of orders in accordance with Utah Code Aim. § 19-5-106(d). B. AGREEMENT 1. This AGREEMENT resolves the violation cited in the Notice of Violation and Order, Docket Number UGW13-01 (hereinafter the "NOV") issued to the OPERATOR on February 4, 2013, by the DIRECTOR. It does not in any way relieve the OPERATOR from any other obligation imposed under the Act or any other State or Federal laws. 2. 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 NOV, 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. 3. In resolution of violations of the NOV, the OPERATOR agrees to pay a total penalty amount of $5,270 within 30 calendar days of the effective date of this AGREEMENT by check made payable to the State of Utah, delivered or mailed to: Division of Radiation Control Department of Environmental Quality 195 North 1950 West Settlement Agieemcnt, Docket No UGW13-0ISA P.O. Box 144850 Salt Lake City, UT 84114-4850. The penalty has been determined using the Penalty Criteria for Civil Settlement Negotiations, Utah Admin. Code R317-1-8 which 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. 4. The deadline stipulated in item 3 above may be amended by prior written mutual agreement of the parties. The party requesting the amendment must write to the other party 14 calendar 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 calendar days of receipt of the request. Nothing contained in this AGREEMENT shall preclude the DIRECTOR from taking additional actions to include additional penalties against the OPERATOR for permit violations not resolved by this AGREEMENT. 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. Nothing in tins 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 , 2013. ENERGY FirWLS RESOURCES (USA) INC. UTAH DIVISION OF RADIATION CONTROL C. NOTICE By Rusty Lundberg Director Page 2 of2 UTAH DIVISION OF RADIATION CONTROL IN THE MATTER OF ENERGY FUELS RESOURCES (USA) INC. 225 UNION BLVD. SUITE 600 LAKEWOOD,CO 80228 SETTLEMENT AGREEMENT DOCKET NUMBER UGW13-01SA A. STATUTORY AUTHORITY This Settlement Agreement (hereinafter "AGREEMENT") is between Energy Fuels Resources (USA) Inc.(hercinafter "OPERATOR") and the Director of the Utah Division of Radiation Control (hereinafter the "DIRECTOR") under the Utah Water Quality Act, Utah Code Ann. §§ 19-5-101 to 19-5-123 (the ACT), including sections 19-5-104,19-5-106, 19-5-111 and 19-5-115. This AGREEMENT is also executed in accordance with the Utah Administrative Procedures Act, Utah Code Ann. §§ 63G4-101 to 63G-4-601 and Administrative Procedure Rules, Utah Admin Code R305-6. Under the Water Quality Act, Utah Code Title 19, Chapter 5, "Director" for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Radiation Control, means the Director of the Division of Radiation Control. Utah Code Ann. § 19-5-102(6). The Director may enforce rules made by the Water Quality Board through the issuance of orders in accordance with Utah Code Ann. § 19-5-106(d). B. AGREEMENT 1. This AGREEMENT resolves the violation cited in the Notice of Violation and Order, Docket Number UGW13-01 (hereinafter the "NOV") issued to the OPERATOR on February 4, 2013, by the DIRECTOR. It does not in any way relieve the OPERATOR from any other obligation imposed under the Act or any other State or Federal laws. 2. 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 NOV, 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. 3. In resolution of violations of the NOV, the OPERATOR agrees to pay a total penalty amount of $5,270 within 30 calendar days of the effective date of this AGREEMENT by check made payable to the State of Utah, delivered or mailed to: Division of Radiation Control Department of Environmental Quality 195 North 1950 West Settlement Agreement, Docket No. UGW13-01SA P.O. Box 144850 Salt Lake City, UT 84114-4850. The penalty has been determined using the Penalty Criteria for Civil Settlement Negotiations, Utah Admin. Code R317-1-8 which 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. 4. The deadline stipulated in item 3 above may be amended by prior written mutual agreement of the parties. The party requesting the amendment must write to the other party 14 calendar 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 calendar days of receipt of the request. Nothing contained in this AGREEMENT shall preclude the DIRECTOR from taking additional actions to include additional penalties against the OPERATOR for permit violations not resolved by this AGREEMENT. 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. 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 , 2013. C. NOTICE UTAH DIVISION OF RADIATION CONTROL By Rusty Lundberg Director Page 2 of2