filing.
(a) After carbon dioxide injections into a reservoir end, and the storage operator has fulfilled
all requirements of its Class VI underground injection control permit including requirements
related to post-injection site care and site closure, and upon application by the storage
operator demonstrating compliance with this article, the secretary may issuee a Certificate of
Underground Carbon Dioxide Storage Project Completion ("completion certificate").
(b) The completion certificate may only be issued after public notice and hearing. The
secretary shall establish notice requirements for this hearing by ulegislative rule.
(c) The completion certificate may not be issued until at least 50 years after carbon dioxide
injections end or other time frame established on a site-specific basis in accordance with the
legislative rules regarding the timeframe for post-injection site care and site closure.
(d) The completion certificate may only be issued ifl the storage operator:
(1) Is in full compliance with all laws and other requirements governing the storage facility,
and has fulfilled all requirements of any uniderground injection control permit associated
with the facility including permit requirements related to post-injection site care and site
closure, legislative rules regarding post-injection site care and site closure, and other
applicable requirements;
(2) Demonstrates that it has addressed all pending claims regarding the storage facility's
operation; and
(3) Demonstrates tha t the storage reservoir is reasonably expected to retain the carbon
dioxide storedV in it.
(e) As of the effective date of a completion certificate:
(1) Ownership of the stored carbon dioxide transfers, without payment of any compensation,
to the owners of the pore space as established in §22-11B-18 of this code;
(2) Ownership acquired by the pore space owners under subdivision (e)(1) of this section
includes all rights and interests in the stored carbon dioxide and any associated leasing
rights: Provided, That all liability other than contractual obligations and criminal liability
associated with the stored carbon dioxide shall become the responsibility of the state and
the state shall defend, indemnify, and hold harmless the pore space and surface owners
against all claims using only funds from the Carbon Dioxide Storage Facility Trust Fund;
(3) The storage operator and all persons who transported and/or generated any stored
carbon dioxide are released from all liability other than contractual obligations and criminal
liability associated with the storage facility;
(4) Any bonds posted by the storage operator shall be released; and
(5) Notwithstanding ownership of the stored carbon dioxide in the pore space owners as
provided herein, monitoring, and managing the storage facility shall become the state's
responsibility to be overseen by the secretary utilizing only money from the Carbon Dioxide
Storage Facility Trust Fund until such time as the federal government assumes responsibility
for the long-term monitoring and management of storage facilities. The releease of liability
under this section shall not apply to a current or former owner or operator of a storage
facility when such liability arises from that owner or operator's noncomrpliance with
applicable underground injection control laws, regulations, or permits prior to issuance of
the certificate of completion of injection operations nor shall it apply when the director
determines that there is fluid migration for which the operator is responsible that causes or
threatens imminent and substantial endangerment to an undterground source of drinking
water.
(f) The secretary shall require that a copy of the completion certificate and a survey of the
storage field be filed with the county recorder in the county or counties where the carbon
dioxide storage facility is located. s
(g) The secretary shall implement this article in a manner consistent with and as he or she
deems necessary to carry out the pugrposes and requirements of the federal Safe Drinking
Water Act, as amended, and its implementing regulations relating to the State's primary
enforcement authority for the eunderground injection control program established under that
Act with respect to the storage and sequestration of carbon dioxide, including, but not
limited to, the State's auLthority to immediately and effectively restrain any person from
engaging in any unauthorized activity which is endangering or causing damage to public
health or the environment. Additionally, in no event may the release of liability under this
section interfere with the US EPA's authority under Section 1431 of the federal Safe
Drinking Water Act.‹ Prev All West Virginia sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.