Duties and obligations — Monitoring responsibility. A.
1.Not earlier than fifty (50) years after cessation of injection of a CO stream into a CO sequestration facility or a CO 2 2 2 storage unit as a part of a CO sequestration facility, or following 2 the end of any other time frame established on a site-specific basis by Corporation Commission order, the Corporation Commission shall issue a certificate of completion of injection operations, if the operator proves that: a. the reservoir is reasonably expected to retain mechanical integrity, b. the CO will reasonably remain emplaced, 2 c. the CO sequestration facility or the CO storage unit 2 2 as a part of a CO sequestration facility does not pose 2 an endangerment to underground sources of drinking water, or to public health or public sa
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Duties and obligations — Monitoring responsibility. A. 1. Not earlier than fifty (50) years after cessation of injection of a CO stream into a CO sequestration facility or a CO 2 2 2 storage unit as a part of a CO sequestration facility, or following 2 the end of any other time frame established on a site-specific basis by Corporation Commission order, the Corporation Commission shall issue a certificate of completion of injection operations, if the operator proves that: a. the reservoir is reasonably expected to retain mechanical integrity, b. the CO will reasonably remain emplaced, 2 c. the CO sequestration facility or the CO storage unit 2 2 as a part of a CO sequestration facility does not pose 2 an endangerment to underground sources of drinking water, or to public health or public safety, d. the current storage facility operator has complied with all applicable regulations related to post- injection monitoring and the issuance of the certificate of completion of injection operations, and e. the CO sequestration facility or the CO storage unit 2 2 as a part of a CO sequestration facility has been 2 closed in accordance with all applicable requirements related to the site closure plan submitted with the original application or the most current amended site closure plan. 2. Upon issuance of a certificate of completion of injection operations, ownership of the remaining project, including the stored carbon dioxide, shall transfer to the state. 3. Upon issuance of a certificate of completion of injection operations, the operator of such facility or unit, all owners of carbon dioxide stored in such facility or unit, and all owners otherwise having any interest in such facility or unit shall be released from any and all future obligations relating to the facility and any and all liability associated with or related to that facility or unit which arises after the issuance of the certificate of completion of injection operations. B. The release from duties or obligations under paragraph 3 of subsection A of this section shall not apply to: 1. A current or former owner or operator of a CO sequestration 2 facility or a CO storage unit as a part of a CO sequestration 2 2 facility when such duties or obligations arise from that owner or operator’s noncompliance with applicable underground injection control laws and regulations prior to issuance of the certificate; or 2. Any owner or operator of a CO sequestration facility or a 2 CO storage unit as a part of a CO sequestration facility if it is 2 2 demonstrated that such owner or operator intentionally and knowingly concealed or misrepresented material facts related to the mechanical integrity of the storage facility or the chemical composition of any injected carbon dioxide. C. Continued monitoring of the site, including remediation of any well leakage, shall become the principal responsibility of the Corporation Commission. D. 1. The Corporation Commission may levy fees to implement the provisions of this section in a form and schedule to be developed by the Oil and Gas Conservation Division of the Corporation Commission for each ton of carbon dioxide injected into a CO sequestration facility or a CO storage unit as a part of a CO 2 2 2 sequestration facility. 2. At the end of each fiscal year, the Corporation Commission may redetermine the fees collected based upon the estimated cost of administering and enforcing the provisions of this act for the upcoming year, divided by the tonnage of carbon dioxide expected to be injected during the upcoming year. 3. The total fee assessed shall be sufficient to assure a balance in the Class VI Carbon Sequestration Storage Facility Revolving Fund not to exceed Five Million Dollars ($5,000,000.00) for a given CO sequestration facility or CO storage unit; provided, 2 2 however, the total fee for any one operator in the Class VI Carbon Sequestration Storage Facility Revolving Fund at the beginning of each fiscal year shall not be in excess of Ten Million Dollars ($10,000,000.00) regardless of the number of such facilities or units operated by such operator. Any amount received by the Corporation Commission that exceeds the annual balance required under this subsection shall be deposited into the fund, but appropriate credits shall be given against future fees for the storage facility. The Corporation Commission shall promulgate rules regarding the form and manner for fee amount and payment method.