40-11-13. Reservoir integrity.
(1) Carbon dioxide injected into and stored in a reservoir in compliance with the requirements of this section is not: pollution, as that term is defined in Section; or 4-18-103 a private nuisance or a public nuisance, as defined in Section. 78B-6a-101
(2) A reservoir is only appropriate for geologic carbon storage if the board determines and the operator demonstrates that: carbon dioxide cannot escape the reservoir at a rate exceeding the lower of 1% or the standard recommended by the Environmental Protection Agency; no additional substances will be introduced into the storage facility that could compromise the integrity of the storage reservoir; and the operator has a plan to maintain the integrity of the reservoir.
(3) When making a determination described in Subsection, the board may rely upon: (2) a finding from the Utah Geological Survey, created in Sectionthat the reservoir is appropriate for the storage of carbon dioxide; and 79-3-201 reports and findings from the Department of Environmental Quality, created in Section. 19-1-104
(4) The board shall take action to enforce the provisions of this section.