(1)  The board and the division have jurisdiction over all persons and property necessary to enforce this chapter.

Terms Used In Utah Code 40-11-3

  • Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-11-1
  • Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-11-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Storage facility: means the reservoir, underground equipment, and surface facilities and equipment used or proposed to be used in a geologic carbon storage operation. See Utah Code 40-11-1
(2)  To enforce this chapter, the board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(3)  Subject to the granting of primacy by the Environmental Protection Agency under the process required in 40 C.F.R. § 145 and successful application for primacy approval under Section 1425 of the Safe Drinking Water Act, the board and the division have:

(a)  exclusive jurisdiction in the state over Class VI injection wells located in the state on nonfederal lands; and

(b)  cooperative jurisdiction in the state over Class VI injection wells located in the state on federal lands.

(4)  The board shall establish fees in accordance with Section 63J-1-504, in an amount to pay the costs to the board and division of:

(a)  the permitting process;

(b)  the regulation of the construction, operation, and pre-closure activities of the storage facility; and

(c)  the monitoring of closed storage facilities.

Enacted by Chapter 62, 2022 General Session