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HomeMy WebLinkAboutDRC-2013-002422 - 0901a06880389aedEnergy Fuels Resources (USA) Inc. 225 Union Blvd. Suite 600 Lakewood, CO, US, 80228 303 974 2140 www.energyfuels.com ENERGYFUELS DRC-2013-002422 II June 5,2013 Sent VIA OVERNIGHT DELIVERY Mr. Rusty Lundberg Division of Radiation Control Utah Department of Environmental Quality 195 North 1950 West P.O. Box 144850 Salt Lake City, UT 84114-4820 Dear Mr. Lundberg: Re: Energy Fuels Resources (USA) Inc. ("EFRI") Settlement Agreement, Docket UGW13-01SA, 30 Day Payment Demand This letter is in response to your letter dated May 28, 2013 which EFRI received on May 29,2013 relating to the above-referenced matter. Enclosed please find a check in the amount of $5,270.00 in payment of the imposed penalty for one violation cited in the Notice of Violation and Compliance Order dated May 7, 2013. If you have any questions or require anything further, please contact the undersigned. Yours very truly, ENERGY FUELS RESOURCES (USA) INC. Jo Ann Tischler Manager, Licensing and Compliance cc: David C. Frydenlund Dan Hillsten Harold R. Roberts David E. Turk Department of Environmental Quality Amanda Smith Executive Director GARY R HERBERT Governor DIVISION OF RADIATION CONTROL Rusty Lundberg Director GREG BELL Lieutenant Governor May 28, 2013 CERTIFIED MAIL (Return Receipt Requested) Jo Ann Tischler, Director, Compliance and Licensing Energy Fuels Resources (USA) Inc. 225 Union Blvd. Suite 600 Lakewood, CO 80228 Dear Ms. Tischler: Subject: Settlement Agreement, Docket No. UGW13-01SA Enclosed is a copy ofthe duly executed Settlement Agreement (SA), Docket No. UGW 13-0 ISA. Please ensure that the required payment is submitted to the Utah Division of Radiation Control within 30 calendar days ofthe effective date as required by item 3 of the SA. Please contact Tom Rushing at (801) 536-0080 if you have any questions concerning this matter. Rusty Lundberg Director RL:TR:tr Enclosure: Copy of Executed Settlement Agreement Docket No. UGW13-01SA FYEnergy FuelsNGroundwater Reports\2012 Groundwater Reports\2012 2nd and 3rd Quarter ReviewNUGWl 3-01SAMJGW13-01 Executed SA Transmittal Ltr docx Sincerely, 195 North 1950 West • Salt Lake City, UT Mailing Address P O Box 144850 • Salt Lake City, UT 84114-4850 Telephone (801) 536-4250 • Fax (801) 533-4097 • T D D (801) 536-4414 www deq Utah gov Pnnted on 100% recycled paper Settlement Agreement, Docket No. UGW13-01SA P.O.Box 144850 Salt Lake City, UT 84114-4850. The penalty has been determined using the Penalty Crileria 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 tlie 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 tliis 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 coiporation for any liability arising out of or relating in any way to the release of pollutants to waters of the State. AGREED to mis3SS^day of M^Uu^- 2013. ENERGY "BlUElM RESOURCES (USA) INC. UTAH DIVISION OF RADIATION CONTROL C. NOTICE Print Name i/fa'P C> ^YbSA/LL/^O By Rusty LuntjJJerg Director TitleU ct JUJ +6+*?* ICu»*ve I Page 2 of2