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R317. Environmental Quality, Water Quality. R317-17. Great Salt Lake Mineral Extraction Salinity Discharge Limits
R317-17-1. Purpose and Authority.
(1) Authority. This rule is promulgated pursuant to Section 73-33-203.
(2) Purpose. To set a limit for the salinity of water or brine that a person may discharge
into the Great Salt Lake as part of the mineral or element extraction process according to Section
73-33-203 and establish procedures to modify, revoke and reissue, or terminate any permit if
those limits are exceeded.
R317-17-2. Definitions.
The following definitions apply for purposes of this rule only:
(1) “Current salinity” means the maximum salinity level in Gilbert Bay observed within
the past 90 days, as measured and calculated in accordance with best practices developed in
consultation with the GSL Salinity Advisory Committee.
(2) “De minimis discharge” means a discharge that results in an acceptable increase in
salinity concentration, as determined in consultation with the GSL Salinity Advisory Committee.
(3) "Director" means the director of the Utah Division of Water Quality.
(4) "Discharge" means any water, substance, or pollution placed into a receiving water;
which may include any combination of treated, processed, or returned waters.
(5) "Division" means the Utah Division of Water Quality.
(6) “Emergency Trigger” means the same as defined in Subsection 65A-17-101(5)
(7) "FFSL" means the Utah Department of Natural Resources, Division of Forestry, Fire,
and State Lands.
(8) "GSL" means Great Salt Lake, and includes Gilbert Bay, Gunnison Bay, Bear River
Bay, Farmington Bay, and Transitional Waters, as defined in Section R317-2-6(6.5).
(9) "Salinity" means the amount of dissolved salts in water expressed as grams per liter
(g/L).
(10) "UPDES" means Utah Pollutant Discharge Elimination System, as defined in Rule
R317-8.
R317-17-3. Permit Discharge Limits for Salinity into Great Salt Lake
(1) If the current salinity of Gilbert Bay exceeds 150 g/L, no person, as part of the
mineral or element extraction process, may discharge water or brine into Gilbert Bay, Bear River
Bay, Farmington Bay, or the Transitional Waters associated with those bays, except as provided
in Section R317-17-3(5).
(2) If the current salinity of Gilbert Bay is below 150 g/L, a person, as part of the mineral
or element extraction process, may discharge water or brine exceeding 150 g/L salinity into
Gilbert Bay, Bear River Bay, Farmington Bay, or the Transitional Waters associated with those
bays.
(3) For discharges of water or brine into Gunnison Bay, as part of the mineral or element
extraction process, there is no limit for the maximum salinity.
(4) The Director may disallow discharges of water or brine as part of the mineral or
element extraction process, when, in consultation with the GSL Salinity Advisory Committee
and the GSL Commissioner’s office, the Director determines that discharges will cause the
salinity of Gilbert Bay to exceed 150 g/L or that the discharge will result in other unacceptable
impacts to chemistry or biota.
(5) The Director may allow a discharge into Gilbert Bay, Bear River Bay, Farmington
Bay or the Transitional Waters associated with those bays at any time if:
a) the discharge is a de minimis discharge; or
b) the discharge represents a net decrease of salt load to Gilbert Bay as a result of the
extraction process.
(6) The discharge limits for salinity specified in this section and monitoring requirements
for salinity and discharge volume will be incorporated into the discharger’s UPDES permit as
effluent limits.
R317-17-4. Compliance
(1) If a person discharges water or brine that exceeds the limit imposed under Section
R317-17-3, the Director may modify, revoke and reissue, or terminate any permit issued by the
director related to the discharge.
(2) It is a violation of the discharger’s UPDES permit to discharge water or brine that
exceeds the discharge limits for salinity identified in Section R317-17-3.
(3) In consultation with FFSL, in the case of an emergency trigger, the Director may
modify, revoke and reissue, or terminate the permit issued by the Division related to the
discharge.