§ 40-11-13. Reservoir integrity.

(1) Carbon dioxide injected into and stored in a reservoir in compliance with the requirements of this section is not: (a) pollution, as that term is defined in Section 4-18-103; or (b) a private nuisance or a public nuisance, as defined in Section 78B-6a-101. (2) A reservoir is only appropriate for geologic carbon storage if the board determines and the operator demonstrates that: (a) carbon dioxide cannot escape the reservoir at a rate exceeding the lower of 1% or the standard recommended by the Environmental Protection Agency; (b) no additional substances will be introduced into the storage facility that could compromise the integrity of the storage reservoir; and (c) the operator has a plan to maintain the integrity of the reservoir. (3) When making a determination described in Subsection (2), the board may rely upon: (a) a finding from the Utah Geological Survey, created in Section 79-3-201 that the reservoir is appropriate for the storage of carbon dioxide; and (b) reports and findings from the Department of Environmental Quality, created in Section 19-1-104. (4) The board shall take action to enforce the provisions of this section.