(a) For the purposes of this article and in all other respects, any carbon dioxide injected and sequestered in accordance with an underground injection control permit issued by the secretary shall not be considered a pollutant and the operation and existence of such a carbon dioxide sequestration facility shall not be considered a public nuisance.

Terms Used In West Virginia Code 22-11B-8

  • Carbon dioxide: means carbon dioxide produced by anthropogenic sources which is of such purity and quality that it will not compromise the safety of geologic storage and will not compromise those properties of a storage reservoir which allow the reservoir to effectively enclose and contain a stored gas. See West Virginia Code 22-11B-2
  • Commission: means the Oil and Gas Conservation Commission established pursuant to §. See West Virginia Code 22-11B-2
  • 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.
  • Permit: means a Class VI underground injection control permit issued by the secretary or by the US EPA, authorizing a person or business entity to drill an injection well and to construct and operate a carbon dioxide sequestration facility. See West Virginia Code 22-11B-2
  • Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-11B-2
  • sequestration facility: means the reservoir, underground equipment, and surface facilities and equipment used or proposed to be used in a carbon dioxide sequestration project, but does not include pipelines used to transport carbon dioxide to the storage facility. See West Virginia Code 22-11B-2

(b) The secretary’s and the commission‘s authority as set forth in this article shall not otherwise limit the authority or jurisdiction of the secretary and the commission in any manner.

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