Title 40, Title 40: Mines and Mining

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-…

40-11-14. Preservation of rights. Nothing in this chapter or in a permit may be interpreted to: (1) prejudice the rights of property owners who own property that hosts a storage facility to the extent that those property rights are not committed to the storage facility; (2) preve…

40-11-15. Title to injected carbon dioxide. (1) The storage operator has title to the carbon dioxide injected into and stored in a storage reservoir and holds title until the board issues a certificate of project completion. (2) The storage operator is liable for any damage the s…

40-11-16. Certificate of project completion. (1) To request a certificate of project completion, a storage operator shall submit: a demonstration that the last carbon dioxide injection was no fewer than 10 years preceding the filing; a statement of compliance with all statutes an…

40-11-17. Application of this chapter to enhanced recovery projects. (1) This chapter does not apply to the injection of carbon dioxide for an enhanced oil or gas recovery project. (2) This chapter does apply to the conversion of an enhanced oil or gas recovery project to a stora…

40-11-18. Cooperative agreements and contracts. (1) The board may enter into an agreement with another government, government entity, or state agency for the purpose of carrying out the objectives described in this chapter. (2) The board may enter into a contract with a private p…

40-11-19. Participation of public interests. The governing body of a controlling state interest or interest of a political subdivision is authorized to consent to and participate in a geologic carbon storage project.

40-11-2. Preemption. (1) Regulation of geologic carbon storage is of statewide concern and the state regulation of geologic carbon storage activity occupies the whole field of geologic carbon storage subject to: the granting of primacy over Class VI geologic sequestration wells; …

40-11-20. Adoption of procedure. (1) The board may adopt procedures and criteria to determine the amount of injected carbon dioxide: stored in a reservoir that has been or is being used for an enhanced oil or gas recovery project; or stored in a reservoir that is a part of a stor…

40-11-21. Fees related to reservoir or storage facility. (1) There is levied a fee per ton of carbon dioxide injected into a reservoir or storage facility. (2) The board shall establish the fee described in Subsection (1) in accordance with Sectionto equal the sum of: 63J-1-504 a…

40-11-23. Carbon Dioxide Storage Fund. (1) There is created an expendable special revenue fund known as the "Carbon Dioxide Storage Fund." (2) The fund shall consist of: money from fees collected under Subsectionand Sectionsand; 40-11-3(4) 40-11-20 40-11-21 penalties imposed for …

40-11-24. Criminal and civil violations -- Penalties -- Enforcement -- Emergency order. (1) As used in this section: "Knowingly" means the same as that term is defined in Section. 76-2-103 "Person" means an individual, corporation, business trust, estate, trust, partnership, limi…

40-11-3. Board authority -- Rulemaking authority. (1) The board and the division have jurisdiction over all persons and property necessary to enforce this chapter. (2) To enforce this chapter, the board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative…

40-11-4. Board and division permit authority. To the extent required to authorize and issue permits and to regulate geologic carbon sequestration, the board and the division shall have authority: (1) over all persons and property necessary to administer and enforce this chapter a…

40-11-5. Permits. (1) Subject to the granting of primacy as described in Section, the board may authorize the division to issue a permit. 40-11-3 (2) A person may only transfer a permit to another person with permission of the board. (3) A person may not engage in geologic carbon…

40-11-6. Permit application requirements. (1) A person applying for a permit shall: (2) comply with: the application requirements the board establishes through rule; and the application requirements described in this section; and pay a fee, as established by the board in accordan…

40-11-7. Permit hearing. (1) The board shall hold a public hearing before authorizing the division to issue a permit. (2) The board shall conduct the hearing in accordance with. Title 63G, Chapter 4, Administrative Procedures Act (3) The board shall give notice no fewer than 30 d…

40-11-8. Findings to issue a permit. Before issuing a permit, the board shall find that: (1) the application meets all of the requirements described in Section; and 40-11-6 (2) the interested parties described in Subsectionall received proper notice. 40-11-7(4)

40-11-9. Permit provisions. (1) A permit shall require that: an operator remain in compliance with all of the permit requirements described in Subsection; and 40-11-6(3) an operator comply with any additional provisions the board imposes. (2) The board may make a permit contingen…