DRC-2015-006222 - 0901a0688057a43f

'Jiv of Wi'.itt ivi..-:.ci96meni
and Radiation Control
SEP 1J 2015
IN THE MATTER OF : DOCKET No. UGW20-01-SCO
ENERGY FUELS RESOURCES (USA) Inc.
225 UNION BLVD., SUITE 600
LAKEWOOD, CO 80228 STIPULATION AND CONSENT
ORDER: CHLOROFORM PLUME
REMEDIATION
This STIPULATION AND CONSENT ORDER ("ORDER ") is between ENERGY FUELS
RESOURCES (USA) INC. ("EFR") and the DIRECTOR of the Division of Waste
Management and Radiation Control1 ("DIRECTOR"), concerning violations of the Utah Water
Quality Act, ("ACT*'), including sections 19-5-104, -106, -11I.-115, Utah Code Annotated
("UCA") and in accordance with the Utah Administrative Procedures Act, UCA 63-46b-l to
601.
STIPULATION
1. The DIRECTOR has authority to administer the ACT, for purposes of groundwater quality
at a facility licensed under the jurisdiction of the Division of Waste Management and
Radiation Control ("DWMRC"). UCA § 19-5-102(6).
2. The DIRECTOR will administer the terms and provisions of this ORDER pursuant to UCA
§ 19-5-115.
3. This ORDER does not in any way relieve EFR from any other obligation imposed under the
Act or any other State or Federal laws.
4. EFR accepts the following facts and stipulations:
A. EFR receives and processes natural uranium-bearing ores including certain specified
alternate feed materials, and also possesses byproduct material in the form of uranium
waste tailings and other uranium byproduct waste generated by the licensee's milling
operations at its White Mesa uranium mill ( "Mill" or "Facility"). This facility is
located approximately six miles south of Blanding, Utah on White Mesa in Sections 28,
29, 32, and 33, Township 37 South, Range 22 East, Salt Lake Baseline and Meridian.
San Juan County, Utah.
B. UCA §19-5-107(1 )(a) requires that; "Except as provided in this chapter or rules made
under it, it is unlawful for any person to discharge a pollutant into waters of the state or
to cause pollution which constitutes a menace to public health and welfare, or is
During the 2015 Utah Legislature Session, a bill was passed (Senate Bill 2015) that consolidated the Division of
Radiation Control with the Division of Solid and Hazardous Waste to form the Utah Division of Waste Management
and Radiation Control. Effective July 1, 2015, pursuant to UTAH CODE ANN. §§ 19-1 -105(1 )(d) and 19-5-102(6).
the authority granted to the Director of the Division of Radiation Control was transferred to the Director of the
newly created Division of Waste Management and Radiation Control .
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harmful to wildlife, fish or aquatic life or impairs domestic, agricultural, industrial,
recreational, or other beneficial uses of water, or to place or cause to be placed any
wastes in a location where there is probable cause to believe it will cause pollution."
C. The DIRECTOR issued EFR an August 23. 1999, Notice of Violation and Groundwater
Corrective Action Order Docket No. UGW-20-01 ("NOV") relating to contamination in
the shallow aquifer below their Facility with chloroform concentrations in excess of the
70 ug/L Utah Ground Water Quality Standard ("GWQS-"). The August 23. 1999 NOV
included an order to submit and conduct a Groundwater Contamination Investigation,
submit a report thereon ("CIR"), and submit a plan and schedule for implementation and
completion of a Groundwater Corrective Action Plan ("GCAP") pursuant to the
provisions of the Utah Administrative Code ("UAC") R317-6-6.15(D).
D. In response to the NOV, EFR submitted a series of documents outlining plans for
investigation of the chloroform contamination. This plan of action and preliminary
schedule was set out in EFR submittals dated: September 20, 1999: June 30, 2000: April
14, 2005: and November 29, 2006.
E. During the course of the investigation, EFR submitted multiple reports. These reports
were reviewed by the DIRECTOR, and additional information was requested as needed.
F. In an effort to define the magnitude and physical extent of contaminant concentrations in
the shallow aquifer, EFR submitted multiple quarterly monitoring reports. These reports
were reviewed by the DIRECTOR and requests for information made as needed.
G. In the course of the investigation, chloroform and other related man-made solvents were
found in concentrations above their respective GWQS in the White Mesa shallow aquifer.
These man-made solvents included: dichloromethane. chloromethane, and carbon
tetrachloride. Collectively, these four solvents are contained in the Chloroform Plume.
The physical extent of the chloroform plume is defined by concentrations of chloroform
in excess of the GWQS for chloroform.
H. Based on this investigation, the contamination has been attributed to the Mill operation
by a former owner/operator of a temporary laboratory facility that was located at the site
prior to and during construction of the Mill, and from septic drain fields that were used
by the former owner/operator for laboratory and sanitary wastes prior to construction of
the Mill's tailings cells.
I. EFR submitted a draft GCAP dated August 22, 2007. The draft GCAP was reviewed by
the DIRECTOR, who advised EFR in 2013 that it was incomplete. In an effort to
expedite and formalize active and continued remediation of the Chloroform Plume, both
parties have agreed to the GCAP found in Attachment 1, below.
J. Corrective action to completely remediate the contamination will be in accordance with
the terms of this ORDER. If future information indicates that the Corrective Action is
inadequate, additional measures may be required at the discretion of the DIRECTOR.
EFR retains all administrative and judicial rights to appeal or otherwise contest such
required measures.
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ORDER
EFR IS HEREBY ORDERED (unless otherwise authorized by the DIRECTOR) to implement
corrective action in accordance with the terms of this ORDER including but not limited to the
following:
1. EFR shall permanently restore groundwater quality in all pumping wells and
performance monitoring wells completed in the White Mesa shallow aquifer for all
contaminants of concern in accordance with the Ground Water Corrective Action
Objectives found in Part 1 of the GCAP before termination of either this ORDER or the
Radioactive Material License No. UT 1900479.
2. EFR shall comply with all groundwater corrective action performance standards found in
Part II of the GCAP.
3. EFR shall comply with all groundwater corrective action monitoring and reporting
requirements found in Part III of the GCAP.
4. EFR shall comply with all general reporting requirements found in Part IV of the GCAP.
5. EFR shall fulfill all compliance responsibilities found in Part V of the GCAP.
6. EFR shall comply with all general requirements found in Part VI of the GCAP.
7. If EFR determines that:
A. The number of years of future groundwater pumping required to remove the
Chloroform Plume contaminants and permanently return the shallow ground
water quality to levels below their respective GCALs as defined in Table 2 of
the GCAP (Part l.G), after taking into consideration any changes or potential
changes identified in paragraph J of this ORDER, will or could exceed the
operational life of the Mill, or;
B. Continuation of such pumping would be ineffective, impracticable or would not
be cost-effective;
Then EFR may, at its option, submit a separate application for revision to the GCAP for
DIRECTOR review approval. Any application for a revised GCAP would be a separate
action and outside the scope of this ORDER. Such an application may evaluate other
technologies to remediate the Chloroform Plume and would include performance of a
transport assessment, a hazard assessment, and an exposure assessment along with a
corrective action assessment including an evaluation of best available remedial
technologies. EFR selection of a technology for implementation will be based on an
evaluation whether the technology will remediate contamination to meet the requirements
of UAC R317-6-6.15.
8. On or before 120 days after the date of this ORDER, EFR shall submit a Chloroform
Project Reclamation Plan and Cost Estimate (CPRP-CE) for DIRECTOR approval that
will include:
A. Specific details on how the Chloroform Plume remediation system will be:
1) Operated, maintained (including monitoring and reporting) and, modified (if
needed) for at least a six year period, and
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2) Decommissioned at the time of facility' closure which will include, but is
not limited to: well plugging and abandonment, and removal of pipelines from
the pumping wells to tailing cells or the Mill process, and
B. A cost estimate of all activities found in Item 8.A. of this ORDER. Said cost
estimate shall be prepared by or under the direction of a Utah Licensed
Professional Engineer.
In the event that the DIRECTOR determines the CPRP-CE to be incomplete, or
for any reason additional information is required, EFR shall fully resolve and
satisfy any request for additional information within 60 calendar days of written
DIRECTOR request or such other schedule as may be approved by the
DIRECTOR.
9. Within 60 calendar days of DIRECTOR approval of the CPRP-CE required by Item 8 of
this ORDER, EFR will modify the financial surety required by Condition 9.5 of their
Radioactive Materials License Number UT1900479, to include the approved groundwater
corrective action system operation and decommissioning costs.
10. After DIRECTOR approval of the CPRP-CE required by Item 8, EFR will, at the
request of the DIRECTOR revise the CPRP-CE every two years as necessary to reflect
any needs or performance concerns of the pump and treat groundwater remediation
system, as documented in the two-year Corrective Action Comprehensive Monitoring
Evaluation ("CACME") report required under Part I1I.H of the GCAP. If, after receipt of
the CACME report, the DIRECTOR determines additional information or changes are
needed to the revised CPRP-CE, EFR shall provide the required information, modify the
document, and resolve all DIRECTOR concerns within 60 calendar days of written
DIRECTOR notice, or such other schedule as may be approved by the DIRECTOR.
STIPULATED PENALTIES
EFR agrees to the following stipulated penalties upon receipt of written demand and/or notice from
the DIRECTOR:
1. In the event that EFR fails to submit the CPRP-CE on or before 120 days after the date of
this ORDER, as mandated by Item 8 of this ORDER; EFR agrees to pay stipulated
penalties in the amount of $ 1.000 per calendar day.
2. In the event that EFR fails to fully resolve and satisfy any DIRECTOR request for
additional information regarding the CPRP-CE within 60 calendar days of the
DIRECTOR'S written request or such other schedule as approved the DIRECTOR,
pursuant to Item 8 of this ORDER; EFR agrees to pay stipulated penalties in the amount of
$ 1,000 per calendar day per violation.
3. In the event that EFR fails to adequately revise the financial surety required by Item 9 of
this ORDER within 60 calendar days of DIRECTOR approval; EFR agrees to pay
stipulated penalties of $2,000 per calendar day.
4. In the event that EFR fails to comply with any groundwater corrective action objectives
required by Parts I.C, D, E, F, H or J of the GCAP. EFR agrees to pay stipulated penalties in
the amount of $500 per calendar day per violation.
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5. In the event that EFR fails to comply with the chloroform plume monitoring network
performance standards of Part II.F of the GCAP, EFR agrees to pay stipulated penalties in
the amount of $500 per calendar day per violation.
6. In the event that EFR fails to comply with any compliance monitoring well excursion
requirement mandated by Part II.H of the GCAP. EFR agrees to pay stipulated penalties in
the amount of $2,000 per calendar day per violation.
7. In the event that EFR fails to comply with any other requirement of Part II of the GCAP
(other than Part II.G). not listed above, EFR agrees to pay stipulated penalties in the amount
of $500 per calendar day per violation.
8. In the event that EFR fails to comply with any requirement mandated by Parts IV. V and VI
of the GCAP. EFR agrees to pay stipulated penalties in the amount of $500 per calendar
day per violation.
GENERAL PROVISIONS
1. EFR agrees to pay any required penalties within 30 calendar days of written notice from
the DIRECTOR in the form of a check, made payable to the State of Utah, and delivered
or mailed to:
Division of Waste Management and Radiation Control,
Utah Department of Environmental Quality
P.O. Box 144880
195 North 1950 West
Salt Lake City, Utah 84114-4880
2. The DIRECTOR will view completion of all requirements as outlined in this ORDER
as compliance with the ORDER.
3. Nothing contained in this ORDER shall preclude the DIRECTOR from taking
additional actions to include additional penalties against EFR for violations not resolved
by this ORDER.
4. Nothing in this ORDER shall constitute a waiver by EFR to raise in defense any legal or
factual contention for future allegations of noncompliance.
5. Nothing in this ORDER 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 EFR. 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.
6. While the DIRECTOR is presently not considering additional enforcement actions for
any past or ongoing violations, nothing in this ORDER shall preclude the DIRECTOR
from taking such actions to include other penalties against EFR for violations of the ACT
or violations not resolved by this ORDER.
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AGREED to this day of ,2015.
ENERGY FUELS RESOURCES (USA) INC.
By_
Davia/(?.lFryd'enlund
Sr. Vice President and General Counsel
Energy Fuels Resources (USA) Inc.
UTAH DIVISION OF WASTE
MANAGEMENT AND RADIATION
CONTROL
By_
Scott T. Anderson, Director
Division of Waste Management
and Radiation Control
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