Section 8 – Findings to issue a permit.
Effective 5/4/2022 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 40-11-6; and (2) the interested parties described in Subsection 40-11-7(4) all received proper notice. Enacted by Chapter 62, 2022 General Session
Section 9 – Permit provisions.
Effective 5/4/2022 40-11-9. Permit provisions. (1) A permit shall require that: (a) an operator remain in compliance with all of the permit requirements described in Subsection 40-11-6(3); and (b) an operator comply with any additional provisions the board imposes. (2) The board may make a permit contingent upon: (a) the payment of fair compensation to […]
Section 10 – Amalgamation of interests — Board may order amalgamation — Payment of costs and interests — Accounting.
Effective 5/4/2022 40-11-10. Amalgamation of interests — Board may order amalgamation — Payment of costs and interests — Accounting. (1) Two or more owners of contiguous pore space may bring together the owners’ interests for the development of a storage facility. (2) (a) In the absence of a written agreement for amalgamation, including a joint […]
Section 11 – Geologic carbon storage amalgamation unit — Procedure for establishment — Operation.
Effective 5/4/2022 40-11-11. Geologic carbon storage amalgamation unit — Procedure for establishment — Operation. (1) The board may hold a hearing to consider the need for the amalgamation of a tract for geologic carbon storage. (2) The board shall make an order providing for the amalgamation of a tract for geologic carbon storage, if the […]
Section 12 – Requirement to record.
Effective 5/4/2022 40-11-12. Requirement to record. An operator shall file a record of the permit and a description of the impacted land with the recorder’s office in each county where the storage facility is located. Enacted by Chapter 62, 2022 General Session
Section 28.1 – Certification of completion of coal reclamation.
40-10-28.1. Certification of completion of coal reclamation. (1) The governor may certify to the secretary of the United States Department of Interior that all of the priorities stated in Subsection 40-10-25(2) for the eligible lands and waters specified in Subsection 40-10-25(3) have been achieved. (2) (a) If the secretary concurs with the certification made by […]
Section 29 – Other enforcement and protection rights unaffected — Operator to replace adversely affected water supply of legitimate users.
40-10-29. Other enforcement and protection rights unaffected — Operator to replace adversely affected water supply of legitimate users. (1) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation. […]
Section 30 – Judicial review of rules or orders.
40-10-30. Judicial review of rules or orders. (1) Judicial review of adjudicative proceedings under this chapter is governed by Title 63G, Chapter 4, Administrative Procedures Act, and provisions of this chapter consistent with the Administrative Procedures Act. (2) Judicial review of the board’s rulemaking procedures and rules adopted under this chapter is governed by Title […]
Section 2 – Preemption.
Effective 5/4/2022 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: (a) the granting of primacy over Class VI geologic sequestration wells; and (b) relevant federal law. (2) The legislative body of a […]
Section 3 – Board authority — Rulemaking authority.
Effective 5/4/2022 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 Rulemaking Act. (3) Subject to the granting of primacy by […]