Okla. Stat. tit. 27A, § 27A-3-5-108

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

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storage unit as a part of a CO sequestration facility, or following

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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,

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Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 381

c. the CO sequestration facility or the CO storage unit

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as a part of a CO sequestration facility does not pose

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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

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as a part of a CO sequestration facility has been

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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

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facility or a CO storage unit as a part of a CO sequestration

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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

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CO storage unit as a part of a CO sequestration facility if it is

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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

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 382

a CO sequestration facility or a CO storage unit as a part of a CO

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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)
lected 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,

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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.