Utah Admin. Code 317-16-2

Current through Bulletin No. 2024-21, November 1, 2024

Section R317-16-2 - Definitions

The following definitions apply for purposes of this rule only:

(1) "Application for Operator Certification Approval" or "Application" means a request for approval of an operator's certification that its operations will not negatively impact biota or chemistry of Great Salt Lake, and includes the specific information detailed in Sections R317-16-3 and R317-16-5.

(2) "Biota" means all plants, fungi, animals, protists, bacteria, and archaea in Great Salt Lake.

(3) "Brine Depletion" means the volume of brine water consumed through processing and operations, calculated by subtracting the volume of returned water from the volume of brine water.

(4) "Brine Water" means water diverted from Great Salt Lake.

(5) "Certification Decision" includes the following:

(a) "Operator Certification Approval" means a permit order, as defined in Subsection 19-1-301.5(1)(f)(i), indicating the director's approval of an operator's certification.

(b) "Operator Certification Denial" means a permit order, as defined in Subsection 19-1-301.5(1)(f)(i), indicating the director's denial of an operator's certification.

(6) "Chemistry" means the properties, composition, and structure of the elements and compounds, and interactions thereof, making up the waters, brines, and substrate of Great Salt Lake.

(7) "Director" means the director of the Utah Division of Water Quality.

(8) "Discharge" means any water, substance, or pollution placed into a receiving water; which may include any combination of treated, processed, or returned waters.

(9) "Division" means the Utah Division of Water Quality.

(10) "Draft Certification Decision" means a document indicating the director's preliminary decision to approve or deny an operator's certification. A draft certification decision is not a permit order.

(11) "Externally Sourced Water" means water diverted from sources other than Great Salt Lake and used for processing and operations.

(12) "Feasibility Assessment" means the same as that term defined in Title R652.

(13) "FFSL" means the Utah Department of Natural Resources, Division of Forestry, Fire, and State Lands.

(14) "Foreign materials" means materials added to a discharge or a commercial process.

(15) "GSL" means Great Salt Lake.

(16) "Negative Impact" includes any activity or action that:

(a) causes pollution, or negatively alters the salinity or other aspects of water chemistry in Great Salt Lake;

(b) negatively alters the volume or timing of water flows to Great Salt Lake, or water levels in Great Salt Lake or Great Salt Lake wetlands;

(c) reduces, degrades, or otherwise negatively alters habitat in and around Great Salt Lake; or

(d) results in harmful physiological impacts to Great Salt Lake biota, including disruptions to survival, reproduction, or growth.

(17) "Operator" means a person submitting an application for operator certification approval to pursue extraction of Great Salt Lake elements or minerals to the Division of Water Quality.

(18) "Operator Certification" means a statement by an operator that its operation will not negatively impact the biota or chemistry of Great Salt Lake.

(19) "Pollution" means the same as that term is used in Section 19-5-102.

(20) "Returned Water" means any water discharged into Great Salt Lake from commercial operations.

(21) "Total Water" means the sum of externally sourced water and brine water.

(22) "UPDES" means Utah Pollutant Discharge Elimination System.

(23) "Water Depletion" means the volume of total water consumed through processing and operations, calculated by subtracting the volume of returned water from the volume of total water.

Utah Admin. Code R317-16-2

Adopted by Utah State Bulletin Number 2024-17, effective 8/28/2024