1. (a) The following activities are prohibited:

   1. (1) Injection without a UIC Class VI permit.
   2. (2) Movement of fluid into underground sources of drinking water.
   3. (3) Experimental Class VI wells for carbon sequestration.
   4. (4) Any action that endangers underground sources of drinking water.

   5. (5) Any additional activity prohibited under:

      1. (A) the federal Safe Drinking Water Act (42 U.S.C. 300f et seq.); or
      2. (B) 40 CFR 142, 40 CFR 144, 40 CFR 146, and 40 CFR 148.

2. (b) Other violations of this article include the following:

   1. (1) Making clerical errors or mistakes in reporting requirements.
   2. (2) Failure to meet basic operation and facility management requirements.
   3. (3) Failure to meet maintenance requirements that may cause damage to property.
   4. (4) Creating harmful environmental conditions or hazardous conditions.
   5. (5) Taking an action that likely results in environmental damage.
   6. (6) Taking an action that could result in harm to persons or death.

3. (c) Mitigating factors that may affect a violation received by a storage operator under this article are as follows:

   1. (1) Whether the storage operator made a good faith effort to abate a violation.
   2. (2) The ability of the storage operator to abate the violation.
   3. (3) The cost to the department to enforce the violation.
   4. (4) Whether there was an economic benefit to the storage operator for committing the violation.
   5. (5) Any other factor that may warrant a reduction of a civil penalty assessed for a violation.

As added by P.L.161-2026, SEC.76.