release. A. The division shall issue a certificate of completion of injection operations upon a showing by the operator of a sequestration facility and a division finding that the requirements of Subsection E of this section have been satisfied. B. Upon the issuance of a certificate of completion of injection operations:
(1)all stewardship responsibilities for the sequestration facility that are covered in Subsection B of Section 5 [74-14-5 NMSA 1978] of the Geologic Carbon Dioxide Storage Stewardship Act, including the stored carbon dioxide, shall transfer to the state;
(2)the operator, owners and all persons who generated, transported or injected carbon dioxide into the sequestration unit and all owners otherwise having an interest in the sequestration unit and sequestration facility o
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release. A. The division shall issue a certificate of completion of injection operations upon a showing by the operator of a sequestration facility and a division finding that the requirements of Subsection E of this section have been satisfied. B. Upon the issuance of a certificate of completion of injection operations: (1) all stewardship responsibilities for the sequestration facility that are covered in Subsection B of Section 5 [74-14-5 NMSA 1978] of the Geologic Carbon Dioxide Storage Stewardship Act, including the stored carbon dioxide, shall transfer to the state; (2) the operator, owners and all persons who generated, transported or injected carbon dioxide into the sequestration unit and all owners otherwise having an interest in the sequestration unit and sequestration facility or the injected carbon dioxide shall be released from all stewardship responsibilities associated with or related to the sequestration unit and sequestration facility; (3) all bonds posted by or on behalf of the operator shall be released; and (4) the state shall succeed and be subject to the terms of all agreements, permits, rules, regulations and orders applicable to the owner or operator and its successors, and the sequestration facility and all monitoring, repair and remediation required by law shall become the state's responsibility to be overseen by the division, unless and until the federal government assumes responsibility for the long-term monitoring and management of the sequestration unit and sequestration facility. C. The release from stewardship responsibilities provided pursuant to this section shall not apply to an owner or operator or generators or transporters of injected carbon dioxide if, after notice and hearing, the division determines that: (1) the person provided deficient or erroneous information that was material and relied upon by the division to support approval of the sequestration facility's certification of completion; (2) the person concealed or misrepresented facts relating to the mechanical integrity of the sequestration facility or sequestration unit or the chemical composition of the injected carbon dioxide; (3) the operator violated a state statute or rule related to the sequestration facility that was not remedied prior to approval of site closure and any applicable statutes of limitation have not run; (4) liability arises from the operator's conduct associated with the sequestration facility or sequestration unit that, if known, would have materially affected the division's decision in issuing the certification of completion; (5) the division determines that there is fluid migration for which the owner or operator is responsible that causes or threatens imminent and substantial endangerment to an underground source of drinking water; or (6) the division determines that the geologic carbon dioxide long-term storage stewardship fund is insufficient to cover costs arising from the sequestration unit or sequestration facility. D. The division shall set the certification matter for hearing and, in addition to notice otherwise required by law or the division's rules, shall cause the operator to give notice of the hearing, specifying the time and place of the hearing and describing briefly the hearing's purpose and the land and formations affected, to be mailed by certified mail at least thirty days prior to the hearing to all persons whose names and addresses are required to be listed in the application. E. The certificate of completion of injection operations shall be issued upon a showing by the operator and division findings that: (1) the operator is in full compliance with all laws governing the sequestration unit and sequestration facility; (2) the operator has resolved all claims, pending or perfected, regarding the sequestration unit and sequestration facility; (3) the sequestration unit is reasonably expected to retain the carbon dioxide stored in it; (4) the carbon dioxide in the sequestration unit is stable and does not show a significant risk of future movement and leakage; (5) all wells, monitoring devices, equipment and facilities to be used following the cessation of injection are in good condition and retain mechanical integrity; and (6) the operator has plugged all wells and removed all equipment and facilities, unless the equipment and facilities are needed for use following the cessation of injection, and has completed all reclamation work required by law.