DRC-2020-016622 - 0901a06880d44959

DRC-2020-016622 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880 Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah
GARY R. HERBERT Governor SPENCER J. COX Lieutenant Governor
Department of Environmental Quality
L. Scott Baird Executive Director DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL Ty L. Howard Director
October 14, 2020
Kathy Weinel, Quality Assurance Manager CERTIFIED MAIL
Energy Fuels Resources (USA) Inc. 7005 0390 0000 7508 7160
225 Union Blvd., Suite 600 Lakewood, CO 80228 RE: Compliance Evaluation Notice of Violation
Radioactive Material License Number UT 1900479 Dear Ms. Weinel:
On October 5-6, 2020, an inspection was conducted at the facilities of Energy Fuels Resources (USA)
Inc. (Licensee) near Blanding, Utah by representatives of the Division of Waste Management and Radiation Control. The inspection consisted of selective examinations of procedures and representative records, interviews of personnel, independent measurements, and observations by the inspector to assess compliance with State requirements. The inspector documented that not all activities related to Licensee's radioactive materials license were conducted in compliance with State requirements. The
enclosed Notice of Violation is based on findings documented during the inspection. If you have any questions, please call Ryan Johnson at [phone].
Sincerely,
Ty L. Howard, Director Division of Waste Management and Radiation Control
TLH/RMJ/as Enclosure: Notice of Violation
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DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL NOTICE OF VIOLATION
Energy Fuels Resources (USA) Inc. 225 Union Blvd., Suite 600
Lakewood, CO 80228

Radioactive Materials License Number UT 1900479

This Notice of Violation (NOV) is issued by the Director of the Division of Waste Management
and Radiation Control (Director) to Energy Fuels Resources (USA) Inc. (Licensee) pursuant to the Radiation Control Act, as amended, Utah Code Section 19-3-101, et seq. and the Solid and Hazardous Waste Act, as amended, Utah Code Sections 19-6-104 and 19-6-107.
VIOLATION An inspection of the licensee's activities was conducted on October 5 & 6, 2020. As a result of the inspection, a violation of the Utah Administrative Code (Radiation Control Rules) was
identified. The particular violation is set forth below:

1. R313-15-501(1)(b) states in part “Each licensee or registrant shall make, or cause to be made, surveys of areas,… Are reasonable under the circumstances to evaluate: The magnitude and the extent of radiation levels; and
R313-15-1103 states in part “Each licensee or registrant shall maintain records showing the results of surveys…” Contrary to this requirement, Radiation Safety Technicians (RSTs) at the Mill have been performing radiological surveys of vehicles being released from the restricted area;
however, not all of the RSTs have been documenting the results of the radiological surveys
on the Licensee’s “Daily Vehicle Scan for Vehicles Leaving the Restricted Area” survey sheets. The inspector documented that on September 15, 2020 at the West Gate vehicle number CO158CVQ a radiological survey was performed to release the vehicle from the restricted area but the results were not documented. Upon further investigation of the
records review, additional surveys from 2020’s “Daily Vehicle Scan for Vehicles Leaving the Restricted Area” survey sheets were found that were missing survey results. This violation has been characterized as Severity Level IV. The base penalty for this Severity Level is $1,500.00. However, there is no civil penalty assessed for this violation
because this is the first instance this violation has been documented.
CORRECTION OF VIOLATION Correction of the documented violation in this NOV is mandatory. A written response to the Director is required within 30 calendar days after receipt of this NOV describing (l) the corrective
action taken and the result achieved; (2) how this corrective action will prevent the violation from
recurring; and (3) the date the violation was resolved or will be resolved.
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CONTESTING THIS NOV
This NOV is effective immediately upon issuance and shall become final unless contested in writing within 30 days of the effective date of the NOV. See UAC R305-7-303(8). To contest this NOV, the Licensee must respond in writing and must comply with the applicable
procedural requirements found at Utah Admin. Code R305-7, and with the applicable
requirements of the Utah Administrative Procedures Act, including Utah Code § 63G-4-201(3)(a) and (b). Those provisions of the Utah Administrative Procedures Act require, among other things, that Licensee state the factual and legal reasons for disagreeing with this NOV, and that Licensee state the action it would like the agency to take (e.g., withdrawing the NOV). Under the rules, a paper copy of the signed, written appeal must be received by the due date. Initiation of an appeal
proceeding via email or fax is not permitted. For purpose of compliance with this NOV or service of a contest, the Director’s address is:
Ty L. Howard, Director
Division of Waste Management and Radiation Control PO Box 144880 Salt Lake City, UT 84114-4880 Failure to file a Request for Agency Action within the period provided waives any right of
administrative contest, reconsideration, review, or judicial appeal. An extension is only available under R305-7-303(5) of the Utah Administrative Code.
Dated this 14th day of October 2020

By: ____________________________________________
Ty L. Howard, Director Division of Waste Management and Radiation Control
CERTIFICATE OF MNLING
I fmREBY CERTIFY th4t I mailed a true and conect copy of the foregoing NOTICE OF
VIOLATION on the llf day of October, 2020 by US Certified Mdl (7005 03m 0000
7508 7150) to:
Ikthy Weinel, Quality Assurance Manager
Energy Fuels Resources (USA) Inc,
225 Union Blvd., Suite 600
Lakewood. CO 80228
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