Utah Code 40-11-3. Board authority — Rulemaking authority
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(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
- Fund: means the Carbon Dioxide Storage Fund created under Section
40-11-23 . 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, including rules establishing penalties for a violation of this chapter.
(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:
(3)(a) exclusive jurisdiction in the state over Class VI injection wells located in the state on nonfederal lands; and
(3)(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:
(4)(a) the permitting process;
(4)(b) the regulation of the construction, operation, and pre-closure activities of the storage facility;
(4)(c) the monitoring and management of closed storage facilities; and
(4)(d) administering the fund.
(5) In addition to a fee imposed under Subsection (4), the board, in accordance with Section 63J-1-504 :
(5)(a) may impose fees under Section 40-11-20 ; and
(5)(b) shall impose a fee under Section 40-11-21 .