§ 32-52. Amendment of gas well permits.

(a)

Applications for amended gas well permits shall be in writing, shall be signed by the operator, and shall include the following:

(1)

A nonrefundable permit fee in the amount of $750.00 per well. The applicant/operator, in addition to the usual application fee, shall reimburse the city for the actual cost to the city for the services of an inspection services provider and/or the services of a technical expert to review the application and/or information supplement;

(2)

A description of the proposed amendments;

(3)

Any changes to the information submitted with the application for the existing gas well permit (if such information has not previously been provided to the city);

(4)

Such additional information as is reasonably required by the inspection services provider to demonstrate compliance with the applicable gas well permit; and

(5)

Such additional information as is reasonably required by the inspection services provider to prevent imminent destruction of property or injury to persons.

(b)

All applications for amended gas well permits shall be filed with the city administrator to be submitted for review by the inspection services provider. Incomplete applications may be returned to the applicant, in which case the city shall provide a written explanation of the deficiencies; however, the city shall retain the application fee. The city may return any application as incomplete if there is a dispute pending before the railroad commission regarding the determination of the operator.

(c)

If the activities proposed by the amendment are not materially different from the activities covered by the existing gas well permit, and if the proposed activities are in conformance with the applicable gas well permit, then the inspector shall approve the amendment within ten days after the application is filed.

(d)

If the activities proposed by the amendment are materially different from the activities covered by the existing gas well permit, and if the proposed activities are in conformance with the applicable gas well permit, then the inspection services provider shall approve the amendment within 30 days after the application is filed. If, however, the activities proposed by the amendment are materially different and, in the judgment of the inspection services provider, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing gas well permit or that was not otherwise taken into consideration by the existing gas well permit, the inspection services provider may require the amendment to be processed as a new gas well permit application.

(e)

The failure of the inspection services provider to review and issue an amended gas well permit within the time limits specified above shall not cause the application for the amended gas well permit to be deemed approved.

(f)

The decision of the inspection services provider to recommend denial of an amendment to a gas well permit shall be provided to the operator in writing within ten days after the decision, including an explanation of the basis for the decision. The operator may appeal any such denial to the city council pursuant to section 32-153.

(g)

An operator must submit an application for a specific use permit to commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) an existing gas well permit.

(h)

An operator must submit an application for a new gas well permit to commence drilling a new or additional well whether or not from a new drill site.

(Code 1994, § 4.709; Ord. No. 496, § 1, 8-18-2010)