§ 32-54. 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 inspection services provider 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 30 days, unless the failure presents a risk of imminent destruction of property or injury to persons 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 30 days from the date of the notice, the inspection services provider may suspend or revoke the gas well permit pursuant to the provisions of this article.

(c)

No person shall carry on any operations 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 railroad commission.

(d)

If the operator does not cure the noncompliance within the time specified in this article, the inspection services provider, upon written notice to the operator, may notify the railroad commission and request that the railroad commission take any appropriate action.

(e)

The operator may, within 30 days of the date of the decision of the inspection services provider in writing to suspend or revoke a gas well permit, file an appeal to the city council under the provisions outlined in section 32-153.

(f)

If an application for a gas well permit is denied by the inspection services provider, nothing herein contained shall prevent a new permit application from being submitted to the planning and development department for the same well.

(Code 1994, § 4.711; Ord. No. 496, § 1, 8-18-2010)