(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, 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: (a) may impose fees under Section 40-11-20; and (b) shall impose a fee under Section 40-11-21.
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