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Terms Used In Utah Code 65A-17-305

  • Commercially viable technology: means a technology that:
         (2)(a) has been successfully implemented on a commercial scale in similar conditions;
         (2)(b) is shown to be economically viable; and
         (2)(c) is reasonably compatible with the operator's overall extraction process. See Utah Code 65A-17-101
  • Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
  • Mineral or element: means :
         (10)(a) a rare earth element;
         (10)(b) a trace element or mineral;
         (10)(c) a chemical compound that includes a rare earth element or trace element or mineral; or
         (10)(d) a mineral or element that is attached, embedded to, or is a by-product of another mineral or element. See Utah Code 65A-17-101
  • Operator: means a person qualified to do business in the state pursuing the extraction of minerals or elements from the Great Salt Lake. See Utah Code 65A-17-101
  • waste: means :
              (18)(a)(i) the failure of an operation to provide the state with a full and fair return on each separately identified mineral or element;
              (18)(a)(ii) an unnecessary depletion, diminishment, or reduction of the quantity or quality of a mineral or element; or
              (18)(a)(iii) imprudent and uneconomical operations. See Utah Code 65A-17-101

     An operator is considered to not waste a mineral or element if the operator implements a commercially viable technology to extract the mineral or element after a reasonable period determined by the division, that is at least five years but does not exceed seven years, from the day on which the division determines that the technology is a commercially viable technology.