Section 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 the Environmental Protection Agency under the process required in 40 C.F.R. Section 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