§ 64-10. Suspension or revocation of gas well permit; effect.

(a)

If an operator (or its officers, employees, agents, contractors, or representatives) fails to comply with any requirement of a gas well permit (including any requirement incorporated by reference as part of the gas well permit), the gas inspector shall give written notice to the operator specifying the nature of the failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than thirty (30) days unless the failure presents a risk of imminent destruction of property or injury to persons, unless there is a failure to immediately clean contamination, or unless the failure involves the operator's failure to provide periodic reports as required by this article.

(b)

If the operator fails to correct the noncompliance within thirty (30) days from the date of the notice, or within the reasonable time specified by the gas inspector to prevent imminent destruction of property or injury to persons, clean contamination or failure to provide periodic reports, the gas inspector may suspend or revoke the gas well permit pursuant to the provisions of this chapter.

(c)

No person shall carry on any operations performed under the terms of the gas well permit issued under this article during any period of any gas well permit suspension or revocation or pending a review of the decision or order of the city in suspending or revoking the gas well permit. Nothing contained herein shall be construed to prevent the necessary, diligent, and bona fide efforts to cure and remedy the default or violation for which the suspension or revocation of the gas well permit was ordered for the safety of persons or as required by the commission.

(d)

If the operator does not cure the noncompliance within the time specified in this chapter, the gas inspector, upon written notice to the operator, may notify the commission and request that the commission take any appropriate action.

(e)

Operator may, within thirty (30) days of the date of the decision of the gas inspector in writing to suspend or revoke a gas well permit, file an appeal to the city council under the provisions outlined in this article pursuant to section 64-17, "Appeals" of this chapter.

(f)

If an application for a gas well permit is denied by the gas inspector, nothing herein contained shall prevent a new permit application from being submitted to the gas inspector for the same well.

(Ord. No. 8580, § 1, 12-1-05; Ord. No. 8591, § 1, 1-12-06)