HomeMy WebLinkAboutDRC-2010-004026 - 0901a068801a9d26DRC-2010-004026
DRC-04
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITV
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
Pursuant to Utah Code Ann. Title 19, Chapter 3 and the Radiation Control Rules, Utah Administrative
Code R313, and in reliance on statements and representations heretofore made by the licensee
designated below, a license is hereby issued authorizing such licensee to transfer, receive, possess and
use the radioactive material designated below; and to use such radioactive material for the purpose(s)
and at the place(s) designated below. This licensee is subject to all applicable rules, and orders now or
hereafter in effect and to any conditions specified below.
LICENSEE ) 3. License Number UTI900479
) Amendment # 4
(USA)
Corp.
) 4. Expiration Date
2. Address 6425 Highway 191 ) March 31,2007 (under timely renewal)
P O Box 809 ) Hc**:l<:t::1<H<******=|:***********************
Blanding, UT 84511 ) 5. License Category 2-b
)
*******:^>f***>(:*:)::(;H::(c**^c*******:^** ***************************
6. Radioactive material 7. Chemical and/or 8. Maximum quantity licensee
(element and mass number) physical form may possess at any one time
Namral Uranium Any Unlimited
SECTION 9: ADMINISTRATIVE CONDITIONS
9.1 The authorized place of use shall be the licensee's White Mesa uranium milling facility, located
in San Juan County, Utah.
9.2 All written notices and reports to the Executive Secretary required under this license, with the
exception of incident and event notifications under R313-15-1202 and R313-19-50 requiring
telephone.notification, shall be addressed to the Executive Secretary, Utah Radiation Control
Board, Utah Department ofEnvironmental Quality, 168 North 1950 West, P.O. Box 144850,
Salt Lake City, UT 84114-4850.
Incident and event notifications that require telephone notification shall be made to the
Executive Secretary at (801)536-4250 during normal business hours or after hours to the DEQ
Duty Officer at (801)536-4123.
9.3 The licensee shall conduct operations in accordance with statements, representations, and
conditions contained in the license renewal application submitted by letter to the NRC dated
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
August 23, 1991, as revised by submittals to the NRC dated January 13, 1992 and April 7, 1992,
November 22, 1994, July 27, 1995. December 13, 1996, and December 31, 1996, and January
30, 1997, which are hereby incorporated by reference, and for the Standby Trust Agreement, as
amended, except where superseded by license conditions below.
Whenever the word “will” is used in the above referenced documents, it shall denote a
requirement.
[Applicable NRC Amendment: 2]
9.4 A. The licensee may, without prior Executive Secretary-approval, and subject to the
conditions specified in Part B of this condition:
(1) Make changes in the facility or process, as presented in the application.
(2) Make changes in the procedures presented in the application.
(3) Conduct tests or experiments not presented in the application.
B. The licensee shall file an application for an amendment to the license, unless the
following conditions are satisfied.
(1) The change, test, or experiment does not conflict with any requirement
specifically stated in this license, or impair the licensee’s ability to meet all
applicable regulations.
(2) There is no degradation in the essential safety or environmental commitments in
the license application or provided by the approved reclamation plan.
(3) The change, test, or experiment is consistent with the conclusions of actions
analyzed and selected in the Environmental Assessment dated February 1997.
C. The licensee's determinations concerning Part B of this condition shall be made by a
“Safety and Environmental Review Panel (SERP).” The SERP shall consist of a
minimum of three individuals. One member of the SERP shall have expertise in
management and shall be responsible for managerial and financial approval changes;
one member shall have expertise in operations and/or construction and shall have
responsibility for implementing any operational changes; and, one member shall be the
corporate radiation safety officer (CRSO) or equivalent, with the responsibility of
assuring changes conform to radiation safety and environmental requirements.
Additional members may be included in the SERP as appropriate, to address technical
aspects such as health physics, groundwater hydrology, surface-water hydrology,
specific earth sciences, and other technical disciplines. Temporary members or
permanent members, other than the three above-specified individuals, may be
consultants.
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
D. The licensee shall maintain records of any changes made pursuant to this condition until
license termination. These records shall include written safety and environmental
evaluations, made by the SERP, that provide the basis for determining that changes are
in compliance with the requirements referred to in Part B of this condition. The licensee
shall furnish, in an annual report to the Executive Secretary, a description of such
changes, tests, or experiments, including a summary of the safety and environmental
evaluation of each. In addition, the licensee shall annually submit to the Executive
Secretary changed pages to the Operations Plan and Reclamation Plan of the approved
license application to reflect changes made under this condition. Annual reports shall
address the previous calendar year and be submitted no later than March 31 each year.
The licensee’s SERP shall function in accordance with the standard operating
procedures submitted by letter to the NRC dated June 10, 1997.
[Applicable NRC Amendments: 3] [Applicable UDRC Amendment 3]
9.5 The licensee shall at all times maintain a financial surety, approved by the Executive Secretary,
consistent with UAC R313-24-4 (10CFR 40, Appendix A, Criteria 9 and 10, as incorporated by
reference), that is adequate to cover the estimated costs, accomplished by a third party, for
decommissioning and decontamination of the mill and mill site, reclamation of any tailings or
waste disposal areas, groundwater restoration as warranted, and the long-term surveillance fee.
The Licensee is prohibited from use and/or operation of any tailings disposal cell, or related new
permanent fixture or facility not already accounted for by the currently approved surety, without
prior submittal and Executive Secretary approval of written evidence of adequate financial
surety. Within 60 calendar days of Executive Secretary approval of a revised
reclamation/decommissioning plan, the licensee shall submit written evidence of an adequate
surety regarding the newly approved plan.
Annual updates to the surety amount, required by UAC R313-24-4 (10 CFR 40, Appendix A,
Criteria 9 and 10, as incorporated by reference), shall be submitted for Executive Secretary
approval by March 4 of each year. Within 30 calendar days of Executive Secretary approval of
an annual update of surety cost estimates, the licensee shall submit written evidence of adequate
surety for Executive Secretary approval.
Along with each proposed revision or annual update, the licensee shall submit supporting
documentation showing a breakdown of the costs and the basis for the cost estimates with
adjustments for inflation, maintenance of a minimum 15 percent contingency fee, changes in
engineering plans, activities performed and any other conditions affecting estimated costs for
site closure. The basis for the cost estimate is the current Executive Secretary-approved
reclamation/decommissioning plan or Executive Secretary-approved revisions to the plan and
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
guidance contained in NUREG-1620, “Standard Review Plan for the Review of a Reclamation
Plan for Mill Tailings Sites under Title II of the Uranium Mill Tailings Radiation Control Act of
1978.”
The currently approved surety instrument, a Performance Bond issued by National Union
Fire Insurance Company in favor of the Executive Secretary, and the associated Standby Trust
Agreement, shall be continuously maintained by the Licensee in an amount not less than the
amount currently approved by the Executive Secretary pursuant to the requirements of UAC
R313-24-4 (10 CFR 40, Appendix A, Criteria 9 and 10 as incorporated by reference).
[Applicable NRC Amendments: 2, 3, 5, 13, 15, 19, 21, 23, 24, 25]
[Applicable UDRC Amendment: 1][Applicable UDRC Amendment 3]
9.6 Standard operating procedures (SOPs) shall be established and followed for all operational
process activities involving radioactive materials that are handled, processed, or stored. SOPs
for operational activities shall enumerate pertinent radiation safety practices to be followed.
Additionally, written procedures shall be established for non-operational activities to include in-
plant and environmental monitoring, bioassay analyses, and instrument calibrations. An up-to-
date copy of each written procedure shall be kept in the mill area to which it applies.
All written procedures for both operational and non-operational activities shall be reviewed and
approved in writing by the radiation safety officer (RSO) before implementation and whenever a
change in procedure is proposed to ensure that proper radiation protection principles are being
applied. In addition, the RSO shall perform a documented review of all existing operating
procedures at least annually.
9.7 As per the Memorandum of Agreement (MOA) negotiated by the Utah State Historic
Preservation Officer (SHPO), the Advisory Council on Historic Preservation (ACHP), the NRC
and Energy Fuels Nuclear Inc. (EFN) and ratified on August 20, 1979 and as amended on May
3, 1983 and substantially as implemented in NRC License SUA-1358.
Before engaging in any activity not previously assessed by the Executive Secretary, the licensee
shall administer a cultural resource inventory. All disturbances associated with the proposed
development will be completed in compliance with the National Historic Preservation Act (as
amended) and its implementing regulations, and the Archaeological Resources Protection Act
(as amended) and its implementing regulations.
In order to ensure that no unapproved disturbance of cultural resources occurs, any work
resulting in the discovery of previously unknown cultural artifacts shall cease. The artifacts shall
be inventoried and evaluated in accordance with the National Historic Preservation Act (as
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
amended), and no disturbance shall occur until the licensee has received authorization from the
Executive Secretary to proceed.
The licensee shall avoid by project design, where feasible, the archaeological sites designated
“contributing” in the report submitted by letter to the NRC dated July 28, 1988. When it is not
feasible to avoid a site designated “contributing” in the report, the licensee shall institute a data
recovery program for that site based on the research design submitted by letter from C. E. Baker
of Energy Fuels Nuclear to Mr. Melvin T. Smith, Utah State Historic Preservation Officer
(SHPO), dated April 13, 1981.
The licensee shall recover through archaeological excavation all “contributing” sites listed in the
report which are located in or within 100 feet of borrow areas, stockpile areas, construction
areas, or the perimeter of the reclaimed tailings impoundment. Data recovery fieldwork at each
site meeting these criteria shall be completed prior to the start of any project related disturbance
within 100 feet of the site, but analysis and report preparation need not be complete.
Additionally, the licensee shall conduct such testing as is required to enable the Executive
Secretary to determine if those sites designated as “Undetermined” in the report and located
within 100 feet of present or known future construction areas are of such significance to warrant
their redesignation as “contributing.” In all cases, such testing shall be completed before any
aspect of the undertaking affects a site.
Archaeological contractors shall be approved in writing by the Utah SHPO. The Utah SHPO
will approve an archaeological contractor who meets the minimum standards of the State of
Utah as the principal investigator.
9.8 The licensee is hereby authorized to possess byproduct material in the form of uranium waste
tailings and other uranium byproduct waste generated by the licensee's milling operations
authorized by this license. Mill tailings shall not be transferred from the site without specific
prior approval of the Executive Secretary in the form of a license amendment. The licensee shall
maintain a permanent record of all transfers made under the provisions of this condition.
9.9 The licensee is hereby exempted from the requirements of R313-15-902(5) for areas within the
mill, provided that all entrances to the mill are conspicuously posted in accordance with R313-
15-902(5) and with the words, “Any area within this mill may contain radioactive material”.
9.10 Release of equipment or packages from the restricted area shall be in accordance with the NRC
“Guidelines for Decontamination of Facilities and Equipment Prior to Release for Unrestricted
Use or Termination of Licenses for Byproduct, Source, or Special Nuclear Material,” dated May
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
1987, or suitable alternative procedures approved by the Executive Secretary prior to any such
release.
9.11 Updated Reclamation Plan and Specifications - the licensee shall complete and submit an
updated Reclamation Plan and Specifications for the White Mesa Mill Facility, for Executive
Secretary approval on or before June 30, 2010. The plan and specifications shall include
information identified in this condition and information that is adequate for determining
financial surety requirements for the White Mesa Mill with all tailings management cells,
including Cells 4A and 4B, and any new features or facilities that are constructed in conjunction
with operation of Cells 4A and 4B. Said Reclamation Plan and specifications shall be approved
by the Executive Secretary before disposal of any tailings or wastewater in Cell 4B. The updated
reclamation plan shall revise the information contained in the Reclamation Plan Revision 3.0
submitted to the NRC on July 17, 2000, and an update to Rev 3.0 of the Reclamation Plan that
was prepared by the Licensee July 25, 2008, and approved on August 4, 2008 (now referred to
as Rev. 3.1). After revision of Rev. 3.1, the updated Reclamation Plan shall be referred to as
Rev. 3.2, and shall contain the following information:
A. Information pertaining to the design and use of Cells 4A and 4B for tailings
management/disposal, including information on the design of the final top cap(s), and
design of the final cap side slopes including rock sizing and fill depth, and the estimated
quantities of materials required for final cover construction and final erosion protection,
adequate for assessing the needs of the associated financial surety based on currently
approved Cover design extended to include Cell 4B;
B. Estimated costs for constructing the final cover system and for installing final
stormwater control systems for the tailings management cells, including Cells 4A and
4B, following completion of tailings management operations;
C. Information on reclamation activities required for reclaiming any new permanent
fixtures or facilities that have been installed or are contemplated to be constructed in
conjunction with construction and operation of Cells 4A and 4B, and the financial surety
needs associated therewith; and
D. Information demonstrating the adequacy of the long-term care fund with respect to
the White Mesa Mill Facility that includes consideration of Cells 4A and 4B, the
final cover and drainage systems associated with these cells and any other new
structure or facility installed or contemplated to be constructed in conjunction with
the construction and operation of these two cells.
[Applicable UDRC Amendment: 4]
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
SECTION 10: OPERATIONAL CONTROLS, LIMITS, AND RESTRICTIONS
10.1 A. The mill production rate shall not exceed 4380 tons of yellowcake per year.
B. The licensee may not dispose of any material on site that is not “byproduct material,” as
that term is defined in 42 U.S.C. Section 2014(e)(2) (Atomic Energy Act of 1953,
Section 11(e)(2)).
C. The licensee may not receive or process any alternate feed material without first
applying for and obtaining approval of a license amendment. For any such proposal, the
licensee shall demonstrate that it will comply with Condition 10.1(B). Any such
demonstration shall include:
(1) Demonstration of compliance with the NRC Regulatory Summary 2000-23
Recent Changes to Uranium Recovery Policy, November 30, 2000; and
(2) Demonstration of compliance with the November 22, 1999 Protocol for
Determining Whether Alternate Feed Materials are Listed Hazardous Wastes, as
approved by the Utah Division of Solid and Hazardous Waste on December 7,
1999.
D. Maximum quantities of feed material stored on the mill site, including alternate feed
materials or other ores, shall not exceed the total material storage quantity found in the
currently approved mill surety pursuant to License Condition 9.5, without prior approval
of the Executive Secretary.
E. The licensee may not receive any alternate feed materials or other ores if those materials
would cause the facility to exceed the tailings cell disposal capacity established by the
currently approved reclamation plan and/or the annual surety report required by License
Conditions 9.11, and 9.5, respectively, without prior approval of the Executive
Secretary.
[Applicable UDRC Amendment: 2]
10.2 All liquid effluents from mill process buildings, with the exception of sanitary wastes, shall be
returned to the mill circuit or discharged to the tailings impoundment.
10.3 Freeboard limits, stormwater and wastewater management for the tailings cells shall be
determined as follows:
A. The Freeboard limit for Cell 1 shall be set annually in accordance with the procedures
set out in Section 3.0 to Appendix E of the previously approved NRC license
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
application, including the January 10, 1990 Drainage Report. Discharge of any surface
water or wastewater from Cell 1 is expressly prohibited.
B. The freeboard limit for Cells 3, 4A, and 4B shall be recalculated annually in accordance
with the procedures approved by the Executive Secretary Said calculations for freeboard
limits shall be submitted as part of the Annual Technical Evaluation Report (ATER), as
described in Condition 12.3 below.
C. The discharge of any surface water, stormwater or wastewater from Cells 3, 4A, and 4B
shall only be through an Executive Secretary authorized spillway structure.
[Applicable NRC Amendment: 16] [Applicable UDRC Amendment 3] [Applicable
UDRC Amendment: 4]
10.4 Disposal of material and equipment generated at the mill site shall be conducted as described in
the licensee's submittals to the NRC dated December 12, 1994 and May 23, 1995, with the
following addition:
A. The maximum lift thickness for materials placed over tailings shall be less than 4-feet
thick. Subsequent lifts shall be less than 2-feet thick. Each lift shall be compacted by
tracking of heavy equipment, such as a Cat D-6, at least 4 times prior to placement of
subsequent lifts.
10.5 In accordance with the licensee's submittal to the NRC dated May 20, 1993, the licensee is
hereby authorized to dispose of byproduct material generated at licensed in-situ leach (ISL)
facilities, subject to the following conditions:
A. Disposal of ISL waste is limited to 5000 cubic yards from a single source.
B. All ISL contaminated equipment shall be dismantled, crushed, or sectioned to minimize
void spaces. Barrels containing waste other than soil or sludges shall be emptied into the
disposal area and the barrels crushed. Barrels containing soil or sludges shall be verified
by the Licensee to be full prior to disposal. Barrels not completely full shall be filled
with tailings or soil prior to disposal.
C. All ISL waste shall be buried in Cell No. 3 unless prior written approval is obtained
from the Executive Secretary for alternate burial locations.
D. All disposal activities shall be documented and records thereof maintained on-site. The
documentation shall include descriptions of the ISL waste and the disposal locations, as
well as all actions required by this License condition.
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
E. The licensee shall also submit for Executive Secretary approval a revised written
Standard Operating Procedure (SOP) for ISL disposal on or before December 1, 2010.
The revised SOP shall describe the documentation required for ISL disposal, which shall
include but is not limited to the following;
(1) The material disposal area must be located on a tailings beach area of the
disposal cell or on an area of the cell that is underlain by tailings sands;
(2) The elevation of the material disposal area will not exceed the plane or grade of
the elevations of the uppermost flexible membrane liner of the tailings cell;
(3) Such ISL byproduct material will be segregated from any mill material and
equipment disposed of in the cells pursuant to License Condition 10.4, and the
ISL byproduct material from each in-situ leach source will be segregated from
the byproduct material from all other in-situ leach sources;
(4) Absence of void space inside barrels disposed, including physical verification
before disposal; and
(5) Detailed engineering drawings which demonstrate:
a. There are at least 4 feet of tailings sands under the bottom of each
disposal area; and
b. The bottom of each disposal area is located at least 12 feet from the sides
or dikes of the tailings cell.
F. The Licensee shall notify the Executive Secretary in writing at least 7 calendar days
prior to the proposed scheduled date for disposal of any byproduct material generated at
ISL facilities in the tailings cells.
An annual summary of the amounts of waste disposed of from off-site ISL generators
shall be sent to the Executive Secretary on or before November 1 of each calendar year.
[Applicable UDRC Amendment: 4]
10.6 The licensee is authorized to receive and process source materials from the Allied Signal
Corporation’s Metropolis, Illinois, facility in accordance with the amendment request to the
NRC dated June 15, 1993.
10.7 The licensee is authorized to receive and process source material from Allied Signal, Inc. of
Metropolis, Illinois, in accordance with the amendment request to the NRC dated September 20,
1996, and amended by letters to the NRC dated October 30, 1996 and November 11, 1996.
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
10.8 The licensee is authorized to receive and process source material, in accordance with the
amendment request to the NRC dated March 5, 1997.
[Applicable NRC Amendments: 1]
10.9 The licensee is authorized to receive and process source material from Cabot Performance
Materials’ facility near Boyertown, Pennsylvania, in accordance with the amendment request to
the NRC dated April 3, 1997, as amended by submittals to the NRC dated May 19, 1997 and
August 6, 1997.
[Applicable NRC Amendments: 4]
10.10 The licensee is authorized to receive and process source material from the Ashland 2 Formerly
Utilized Sites Remedial Action Program (FUSRAP) site, located near Tonawanda, New York,
in accordance with the amendment request to the NRC dated May 8, 1998, as amended by the
submittals to the NRC dated May 27, 1998, June 3, 1998, and June 11, 1998.
[Applicable NRC Amendments: 6]
10.11 The licensee is authorized to receive and process source material from Cameco Corporation’s
Blind River and Port Hope facilities, located in Ontario, Canada, in accordance with the
amendment request to the NRC dated June 4, 1998, and by the submittals to the NRC dated
September 14, 1998, September 16, 1998, September 25, 1998, October 7, 1998, and October 8,
1998.
However, the licensee is not authorized to receive or process from these facilities, the crushed
carbon anodes identified in these submittals, either as a separate material or mixed in with
material already approved for receipt or processing.
10.12 The licensee is authorized to receive and process source material from the Ashland 1 and
Seaway Area D Formerly Utilized Sites Remedial Action Program (FUSRAP) site, located near
Tonowanda, New York, in accordance with statements, representations, and commitments
contained in the amendment request to the NRC dated October 15, 1998, as amended by letters
to the NRC dated November 23, 1998, November 24, 1998, December 23, 1998, January 11,
1999, January 27, 1999, and February 1, 1999.
[Applicable NRC Amendment: 10]
10.13 The licensee is authorized to receive and process source material from the St. Louis Formerly
Utilized Sites Remedial Action Program (FUSRAP) site, in accordance with statements,
representations, and commitments contained in the amendment request to the NRC dated March
2, 1999, and as amended and supplemented by submittals dated June 21, 1999; June 29, 1999
(2); and July 8, 1999. Prior to the licensee receiving materials from the St. Louis FUSRAP site,
the licensee must make a determination that adequate tailings space is available for the tailings
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
produced from the processing of this material. This determination shall be made based on a
SERP approved internal procedure.
[Applicable NRC Amendments: 13, 14]
10.14 The licensee is authorized to receive and process source material from the Linde Formerly
Utilized Sites Remedial Action Program (FUSRAP) site, in accordance with statements,
representations, and commitments contained in the NRC amendment request dated March 16,
2000, and as amended and supplemented by submittals dated April 26, 2000, May 15, 2000,
June 16, 2000, June 19, 2000, and June 23, 2000.
Prior to the licensee receiving materials from the Linde FUSRAP site, the licensee must make a
determination that adequate tailings space is available for the tailings produced from the
processing of this material. This determination shall be made based on a SERP-approved
internal procedure. Design changes to the cells or the reclamation plan require the licensee to
submit an amendment request for Executive Secretary review and approval.
Prior to the licensee receiving materials from the Linde FUSRAP site, the licensee must require
that the generator of the material certify that the material does not contain listed hazardous
waste as defined under the Resource Conservation and Recovery Act (RCRA) per a Radioactive
Material Profile Record.
[Applicable NRC Amendment: 14]
10.15 The licensee is authorized to receive and process source material from the W.R. Grace site
located in Chattanooga, Tennessee, in accordance with statements, representations, and
commitments contained in the amendment request to the NRC dated April 12, 2000, as
amended and supplemented by submittals dated April 24, 2000, April 26, 2000, May 5, 2000,
November 16, 2000, and December 18, 2000.
Prior to the licensee receiving materials from the W.R. Grace site, the licensee must make a
determination that adequate tailings space is available for the tailings produced from the
processing of this material. This determination shall be made based on the SERP-approved
standard operating procedure for determination of tailings capacity. Design changes to the cells
or the reclamation plan require the licensee to submit an amendment request for Executive
Secretary review and approval.
Prior to the licensee receiving materials from the W.R. Grace site, the licensee must require that
the generator of the material certify that the material does not contain listed hazardous waste as
defined under the Resource Conservation and Recovery Act (RCRA) per a Radioactive Material
Profile Record.
[Applicable NRC Amendment: 17]
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
10.16 The licensee is authorized to receive and process source material from the Heritage Minerals
Incorporated site, in accordance with statements, representations, and commitments contained in
the amendment request to the NRC dated July 5, 2000, and as supplemented by submittals dated
November 16, 2000, and December 18, 2000.
Prior to the licensee receiving materials from the Heritage Minerals Incorporated site, the
licensee must make a determination that adequate tailings space is available for the tailings
produced from the processing of this material. This determination shall be made based on the
SERP-approved standard operating procedure for determination of tailings capacity. Design
changes to the cells or the reclamation plan require the licensee to submit an amendment request
for Executive Secretary review and approval.
Prior to the licensee receiving materials from the Heritage Minerals Incorporated site, the
licensee must require that the generator of the material certify that the material does not contain
listed hazardous waste as defined under the Resource Conservation and Recovery Act (RCRA)
per a Radioactive Material Profile Record.
[Applicable NRC Amendment: 18]
10.17 The licensee is authorized to receive and process source material from the Molycorp site located
in Mountain Pass, California, in accordance with statements, representations, and commitments
contained in the amendment request to the NRC dated December 19, 2000, and supplemental
information in letters dated January 29, 2001, February 2, 2001, March 20, 2001, August 15,
2001, October 17, 2001, and November 16, 2001.
Prior to the licensee receiving materials from the Molycorp site, the licensee must make a
determination that adequate tailings space is available for the tailings produced from the
processing of this material. This determination shall be made based on a SERP-approved
internal procedure. Design changes to the cells or the reclamation plan require the licensee to
submit an amendment request for Executive Secretary review and approval.
[Applicable NRC Amendment: 20]
10.18 The licensee is authorized to receive and process source material from the Maywood site located
in Maywood, New Jersey, in accordance with statements, representations, and commitments
contained in the amendment requests to the NRC dated June 15, 2001, June 22, 2001, August 3,
2001, and supplemented by letters dated November 19, 2001, December 6, 2001, December 10,
2001, March 11, 2002, and July 1, 2002.
Prior to the licensee receiving materials from the Maywood site, the licensee must make a
determination that adequate tailings space is available for the tailings produced from the
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
processing of this material. This determination shall be made based on a SERP-approved
internal procedure. If such determination requires the licensee to make design changes to the
cells or the reclamation plan, the licensee shall submit an amendment request for Executive
Secretary review and approval.
Prior to the licensee receiving materials from the Maywood site, the licensee must require that
the generator of the material certify that the material does not contain listed hazardous waste as
defined under the Resource Conservation and Recovery Act (RCRA) per a Radioactive Material
Profile Record.
[Applicable NRC Amendment: 22]
10.19 The licensee is authorized to receive and process source material from Ponds 2 and 3 of the
FMRI’s Muskogee Facility located in Muskogee, Okalahoma, in accordance with statements,
representations, and commitments contained in the amendment requests and submittals to the
Executive Secretary dated March 7, 2005, June 22, 2005, and April 28, 2006.
[Applicable UDRC Amendment: 2]
SECTION 11: MONITORING, RECORDING, AND BOOKKEEPING REQUIREMENTS
11.1 The results of sampling, analyses, surveys and monitoring, the results of calibration of
equipment, reports on audits and inspections, all meetings and training courses required by this
license and any subsequent reviews, investigations, and corrective actions, shall be documented.
Unless otherwise specified in the State of Utah regulations all such documentation shall be
maintained for a period of at least five (5) years.
11.2 The licensee shall implement the effluent and environmental monitoring program specified in
Section 5.5 of the renewal application, as amended by the submittal to the NRC dated June 8,
1995, and as revised with the following modifications or additions:
A. Stack sampling shall include a determination of flow rate.
B. Surface water samples shall also be analyzed semiannually for total and dissolved U-nat,
Ra-226, and Th-230, with the exception of the Westwater Creek, which shall be
sampled annually for water or sediments and analyzed as above. A sediment sample
shall not be taken in place of a water sample unless a water sample was not available.
C. Groundwater sampling shall be conducted in accordance with the requirements in the
Utah Ground Water Discharge Permit No UGW370004.
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
D. With the exception of groundwater sampling the licensee shall utilize lower limits of
detection in accordance with Section 5 of the NRC Regulatory Guide 4.14, as amended,
for analysis of effluent and environmental samples.
E. The inspections performed semiannually of the critical orifice assembly committed to in
the submittal to the NRC dated March 15, 1986, shall be documented. The critical
orifice assembly shall be calibrated at least every 2 years against a positive displacement
Roots meter to obtain the required calibration curve.
[Applicable NRC Amendment: 5][Applicable UDRC Amendment 3]
11.3 The licensee shall implement a monitoring program of the leak detection systems for disposal
Cells 4A and 4B in accordance with requirements of the Ground Water Discharge Permit. The
licensee shall implement a monitoring program of the leak detection systems for disposal Cells
1, 2, and 3 as follows:
A. The licensee shall measure and record the “depth to fluid” in each of the tailings
disposal cell standpipes on a weekly basis. If sufficient fluid is present in the leak
detection system (LDS) of any cell, the licensee shall pump fluid from the LDS, to the
extent reasonably possible, and record the volume of fluid recovered. Any fluid pumped
from an LDS shall be returned to a disposal cell.
If fluid is pumped from an LDS, the licensee shall calculate the flow rate by dividing the
recorded volume of fluid recovered by the elapsed time since fluid was last pumped or
increases in the LDS fluid levels were recorded, whichever is the more recent. The
licensee shall document the results of this calculation.
B. Upon the initial pumping of fluid from an LDS, the licensee shall collect a fluid sample
and analyze the fluid for pH and the parameters listed in paragraph A of this license
condition. The licensee shall determine whether the LDS fluid originated from the
disposal cell by ascertaining if the collected fluid contains elevated levels of the
constituents listed in paragraph A of this license condition or has a pH level less than
5.0. If either elevated constituent levels or a pH less than 5.0 is observed, the licensee
shall assume that the disposal cell is the origin of the fluid.
If the LDS fluid is determined not to have originated from the disposal cell, the licensee
shall continue with weekly measurements of “depth to fluid” in the LDS standpipes. The
licensee shall confirm, on an annual basis, that fluid from the disposal cell has not
entered the LDS by collecting (to the extent possible) and analyzing an LDS fluid
sample for the above stated parameters.
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
C. Upon indication that the LDS fluids originated from the disposal cell, the licensee shall
determine the flow rate through the liner by the calculation method in paragraph B of
this license condition. If the flow rate is equal to or greater than one gallon per minute,
the licensee shall:
(1) Evaluate the cause of the liner distress and take appropriate and timely actions to
mitigate the leak and any consequent potential impacts;
(2) Continue to measure and record LDS “depth to fluid” measurements weekly;
and
(3) Notify the Executive Secretary by telephone within 48 hours, in accordance with
License Condition 9.2, and submit a written report within 30 calendar days of
notifying the Executive Secretary by telephone, in accordance with License
Condition 9.2. The written report shall include a description of the mitigative
action(s) taken and a discussion of the mitigative action results.
If the calculated flow rate is less than one gallon per minute, the licensee shall continue
with weekly measurements of “depth to fluid” in the LDS standpipes.
D. All sampling, analysis, and evaluation of LDS fluids shall be documented and retained
onsite until license termination for Executive Secretary inspection.
[Applicable NRC Amendment: 8] [Applicable UDRC Amendment 3] [Applicable UDRC
Amendment: 4]
11.4 Annually, the licensee shall collect, during mill operations, a set of air samples covering eight
hours of sampling, at a high collection flow rate (i.e., greater than or equal to 40 liters per
minute), in routinely or frequently occupied areas of the mill. These samples shall be analyzed
for gross alpha. In addition, with each change in mill feed material or at least annually, the
licensee shall analyze the mill feed or production product for U-nat, Th-230, Ra-226, and Pb-
210 and use the analysis results to assess the fundamental constituent composition of air sample
particulates.
[Applicable NRC Amendment: 7]
11.5 Calibration of in-plant air and radiation monitoring equipment shall be performed as specified in
the license renewal application, under Section 3.0 of the “Radiation Protection Procedures
Manual,” with the exception that in-plant air sampling equipment shall be calibrated at least
quarterly and air sampling equipment checks shall be documented.
11.6 The licensee shall perform an annual ALARA audit of the radiation safety program in
accordance with the NRC Regulatory Guide 8.31.
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
11.7 Settlement Monitoring Standard Operating Procedure - the licensee shall submit for Executive
Secretary approval a written Settlement Monitoring Standard Operating Procedure (SOP) on or
before December 1, 2010. The proposed SOP shall describe methods for monitoring vertical
settlement in the tailings management cell areas and for recording and documenting settlement
monitoring data and comparing such data to previous data to track potential settlement. All data
collected by the Licensee for these purposes shall be included in an annual report to be
submitted to the Executive Secretary, pursuant to License Condition 12.3. The SOP shall also:
A. Require that settlement monitors (e.g., settlement stands) be promptly installed
following placement of temporary cover over placed tailings;
B. Require installation of one or more representative settlement monitoring stand(s) above
each ISL source disposal area that has been closed to further disposal pursuant to
License Condition 10.5.A. There shall be at least one settlement monitoring stand for
each ISL source disposal area, estimated to be about 22,500 square feet. Installation of
said settlement monitoring stand and initial elevation survey shall be completed by the
Licensee within 30 calendar days of completion of each ISL source disposal area. For
ISL source disposal areas or trenches completed before April 1, 2010 the Licensee shall
install the required settlement stand(s) and complete the initial elevation survey prior to
June 1, 2010;
C. Indicate that the licensee will utilize settlement monitoring devices and methods that are
resistant to shifting in their positions as a result of such forces as frost heave, erosion,
burrowing animals, or other environmental factors;
D. Include provisions to prevent man-caused damage to settlement monitoring devices,
including, but not limited to vehicle and construction traffic damage. Such measures
will include: 1) all equipment, procedures, and provisions needed to protect said
settlement monitoring devices, 2) schedules for rapid verbal and written reporting of any
such damage, and 3) corrective actions taken or to be taken by the Licensee to replace
and/or repair said devices;
E. Indicate that settlement monitors will be:
(1) Initially surveyed by a Utah Licensed Professional Land Surveyor within, 30
calendar days of installation;
(2) Surveyed monthly; and
(3) Surveyed annually by a Utah Licensed Land Surveyor. Review of the data and
an analysis shall be performed and certified by a Utah Licensed Professional
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
Engineer and submitted annually as part of the ATER required by License
Condition 12.3;
F. Include procedures requiring that such settlement monitors be placed, surveyed,
mapped, and maintained; that corrective action and maintenance activities be performed
to maintain existing monitoring devices in a reliable, good working condition, as
needed; that the addition, surveying and mapping of new settlement monitoring devices
installed be documented; and that records be made of observations of site conditions as
they relate to the conditions at and in the vicinity of the installed monitoring devices;
G. Provide quantitative performance criteria and describe how such criteria will be used to
evaluate vertical movement;
H. Indicate that any settlement monitoring device that is irreparably damaged as a result of
environmental stresses or through man-caused contact, including but not limited to cell
construction or other operational equipment, shall be promptly replaced with an
identical or equivalent monitoring device; and provisions provided to guide the
interpretation of data from both the former and the replacement device;
I. Indicate that where survey evidence suggests that significant apparent movement in a
settlement monitor has occurred, in excess of the approved performance criteria, that the
departure(s) will be investigated and explained, and errors corrected and resolved in a
timely manner, subject to Executive Secretary approval;
J. Indicate that photographs shall be taken of the monitoring areas at least annually to
document site and device conditions. Additionally, the SOP shall indicate that
photographs shall be taken following any instances of unusually severe weather or
incidents involving equipment if they result in physical damage or disturbance to any
settlement monitoring device, or significant changes to the ground surface areas adjacent
to or surrounding a settlement or displacement monitoring device;
K. Include a list of records that will be prepared for documenting settlement data for each
settlement monitoring device and related site observations and activities; and
L. Indicate that results and records of settlement monitoring shall be submitted annually as
part of the ATER required by License Condition 12.3.
[Applicable UDRC Amendment: 4]
11.8 Movement (Displacement) Monitoring Standard Operating Procedure - the licensee shall submit
for Executive Secretary approval a written Movement Monitoring Standard Operating
Procedure (SOP) on or before December 1, 2010. The proposed SOP shall describe methods for
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
monitoring potential vertical and horizontal movements in the constructed dike portions of the
tailings management cells, and for recording and documenting displacement monitoring data
and comparing such data to previous data to track potential movement (displacement). All data
collected by the Licensee for these purposes shall be included in an annual report to be
submitted to the Executive Secretary, pursuant to License Condition 12.3. The SOP shall also:
A. Require that movement monuments be promptly installed following completion of
construction of cell dikes;
B. Indicate that the licensee will utilize movement monuments and monitoring methods
that are resistant to shifting in their positions as a result of such forces as frost heave,
erosion, burrowing animals, or other environmental factors;
C. Include an obligation for the Licensee to prevent man-caused damage to movement
monuments, including, but not limited to vehicle and construction traffic damage. Such
measures will include: 1) all equipment, procedures, provisions need to protect said
settlement monitoring devices, 2) schedules for rapid verbal and written reporting of any
such damage, and 3) corrective actions taken or to be taken by the Licensee to replace
and/or repair said devices;
D. Indicate that movement monuments will be:
(1) Initially surveyed by a Utah Licensed Land Surveyor within 30 calendar days of
installation;
(2) Surveyed semi-annually for the first three years following installation by a Utah
Licensed Land Surveyor.
(3) Surveyed annually after the first three years by a Utah Licensed Land Surveyor
(4) Subjected to accelerated monitoring conducted under certain circumstances, at a
frequency and in a manner approved by the Executive Secretary; and
(5) Reviewed annually by a Utah Licensed Professional Engineer, who shall
perform and certify an analysis of all survey data. This analysis shall be
submitted pursuant to License Condition 12.3;
E. Include procedures requiring that such movement monuments be placed, surveyed,
mapped, and maintained; that corrective action and maintenance activities be performed
to maintain existing movement monuments in a reliable, good working condition, as
needed; that the addition, surveying and mapping of new movement monuments
installed be documented; and that records be made of observations of site conditions as
they relate to the conditions at and in the vicinity of the installed monuments;
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UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment
F. Provide quantitative performance criteria and describe how such criteria will be used to
evaluate movements (displacements);
G. Indicate that any movement monument that is irreparably damaged as a result of
environmental stresses or through man-caused contact, including but not limited to cell
construction or other operational equipment, shall be promptly replaced with an
identical or equivalent movement monument; and provisions provided to guide the
interpretation of data from both the former and the replacement device;
H. Include a list of records that will be prepared for documenting movement (displacement)
data for each movement monument and related site observations and activities; and
I. Indicate that results and records of movements (displacements) shall be submitted
annually as part of the ATER required by License Condition 12.3.
[Applicable UDRC Amendment: 4]
SECTION 12: REPORTING REQUIREMENTS
12.1 DELETED by NRC Amendment 13.
[Applicable NRC Amendment: 13]
12.2 The licensee shall submit a detailed decommissioning plan to the Executive Secretary at least
twelve (12) months prior to planned final shutdown of mill operations that includes a detailed
Quality Assurance Plan. The plan will be in accordance with NRC Regulatory Guide 4.15,
“Quality Assurance for Radiological Monitoring Programs” and NUREG-1575, “Multi-Agency
Radiation Survey and Site Investigation Manual (MARSSIM)” or equivalent most current
guidance.
[Applicable NRC Amendment: 13][Applicable UDRC Amendment: 1]
[Applicable UDRC Amendment: 2]
12.3 Annual Technical Evaluation Report (ATER) - the licensee shall submit an ATER for
Executive Secretary approval no later than November 15, of each year, to coincide with the
annual freeboard calculation date of November 1st of each year when using the new Freeboard
Calculation Method, as described in the letter from David A. Rupp of the Utah Division of Radiation
Control to Mr. David C. Frydenlund of Denison Mines (USA) Corp, dated April 29, 2010. Each
ATER shall incorporate all documents and attachments, including applicable updates to
previously submitted documents with attachments that support information presented in the
ATER, including, but not limited to maps, drawings, tables, and figures. The licensee shall
include, as part of the ATER, results of tailings cell temporary cover settlement and dike
displacement monitoring activities. The content of the tailings cell temporary cover
settlement and displacement monitoring program related information shall include those
records required under the Settlement Monitoring and Movement Monitoring SOPs (License
UTAH DIVISION OF RADIATIOI{ CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
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License #UT190Q479
Amendment
Conditions ll,7 and I 1.8), as approved by the Executive Secretary.
[Applicable UDRC Amendment: 4J
UTAH RADIATION CONTROL BOARI)
Dane L, Fin k, Executive Secretary