(1) Carbon dioxide injected into and stored in a reservoir in compliance with the requirements of this section is not:
(a) pollution, as that term is defined in Section 4-18-103; or
(b) a private nuisance or a public nuisance, as defined in Section 78B-6a-101.
(2) A reservoir is only appropriate for geologic carbon storage if the board determines and the operator demonstrates that:
(a) carbon dioxide cannot escape the reservoir at a rate exceeding the lower of 1% or the standard recommended by the Environmental Protection Agency;
(b) no additional substances will be introduced into the storage facility that could compromise the integrity of the storage reservoir; and
(c) the operator has a plan to maintain the integrity of the reservoir.
(3) When making a determination described in Subsection (2), the board may rely upon:
(a) a finding from the Utah Geological Survey, created in Section 79-3-201 that the reservoir is appropriate for the storage of carbon dioxide; and
(b) reports and findings from the Department of Environmental Quality, created in Section 19-1-104.
(4) The board shall take action to enforce the provisions of this section.