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, including rules establishing penalties for a violation of this chapter consistent with Section 40-11-24.
(3)
(a)
Subject to the granting of primacy by the Environmental Protection Agency under the process required in 40 C.F.R. Sec. 145 and successful application for primacy approval under Section 1425 of the Safe Drinking Water Act, the board and the division have:
(i)
exclusive jurisdiction in the state over Class VI injection wells located in the state on nonfederal lands; and
(ii)
cooperative jurisdiction in the state over Class VI injection wells located in the state on federal lands.
(b)
If the board receives primacy as described in Subsection (3)(a), the board may adopt, modify, repeal, and enforce procedural requirements described in 40 C.F.R. Sec. 145.13 to maintain the enforcement authority required for primacy over Class VI injection wells.
(c)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to implement the procedural requirements described in Subsection (3)(b).
(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;
(c)
the monitoring and management of closed storage facilities; and
(d)
administering the fund.
(5)
In addition to a fee imposed under Subsection (4), the board, in accordance with Section 63J-1-504:
Section 40-11-3 ("Board authority -- Rulemaking authority.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 40-11-3?
A common citation format is "Utah Code § 40-11-3" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 40-11-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
