DRC-2013-003423 - 0901a068803d1cdc

State of Utah
GARY R HERBERT
Governor
GREG BELL
Lieutenant Governor
October 11, 2013
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
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
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JOANN TISCHLER 10/11/1* *
3800. August 2006
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Dear Ms. Tischler:
Subject: Settlement Agreement, Docket No. UGW13-05SA
Enclosed is a copy of the duly executed Settlement Agreement (SA), Docket No. UGW13-05SA. Please
ensure that the required payment is submitted to the Utah Division of Radiation Control within 30 calendar
days of the effective date as required by item 3 of the SA.
Please contact Tom Rushing at [phone] if you have any questions concerning this matter.
Sincerely,
Rusty Lundberg
Director
RL:TR:tr
Enclosure: Copy of Executed Settlement Agreement Docket No. UGW13-05SA
U:\MON_WAST\Trushing\Energy Fuels\Groundwater Reports\2013 Groundwater ReportsUst Quarter 2013\Notice of Violation and
OrderXExecuted SA Letter\UGW13-05 SA Duly Executed Ltr.docx
195 North 1950 West • Salt Lake City, UT
Mailing Address P O Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax [phone] • T D.D. [phone]
HW deq Utah gov
Pnnted on 100% recycled paper
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 UGW13-05SA
A. STATUTORY AUTHORITY
This Settlement Agreement (hereinafter "AGREEMENT") is between Energy Fuels Resources
(USA) Inc. (hereinafter "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 Adrninistrative Procedures
Act, Utah Code Ann. §§ 63G4-101 to 63G-4-601 and Adrninistrative 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 ofthe 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 UGW13-05 (hereinafter the "NOV") issued to the OPERATOR on
July 23, 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 adrninistrative
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 $2,196 within 30 calendar days ofthe 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. UGW13-05SA
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.
ENERGY FUELS RESOURCES (USA) INC. UTAH DIVISION OF RADIATION CONTROL
C. NOTICE
AGREED to this U^dav of Ocfetej^ . 2013.
Title hfri/) r^j/^f^J
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 UGW13-05SA
A. STATUTORY AUTHORITY
This Settlement Agreement (hereinafter "AGREEMENT") is between Energy Fuels Resources
(USA) Inc. (hereinafter "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 UGW13-05 (hereinafter the "NOV") issued to the OPERATOR on
July 23, 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 adrninistrative
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 $2,196 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. UGW13-05SA
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 RS17-1-8 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.
C. NOTICE
AGREED to this day of PabdQ&r . 2013.
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