(A) If an operator (or its officers, employees, agents, contractors or representatives) fails to comply with any requirement of a permit issued pursuant to this chapter (including any requirement incorporated by reference as part of the permit), the City Manager 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 involves the operator's failure to provide periodic reports as required by this chapter.
(B) If the operator fails to correct the noncompliance within 30 days from the date of the notice, the City Manager may suspend or revoke the permit pursuant to the provisions of this chapter.
(C) No person shall carry on any operations performed under the terms of the permit issued under this chapter during any period of any permit suspension or revocation, or pending a review of the decision or order of the city in suspending or revoking the 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 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 City Manager, upon written notice to the operator, may notify the Commission and request that it take any appropriate action.
(E) Within 30 days of the date of the decision of the City Manager, in writing, to suspend or revoke a permit, the operator may file an appeal to the City Council under the provisions outlined in § 118.20 of this chapter.
(F) If an application for a permit is denied by the City Manager, nothing contained herein shall prevent a new permit application from being submitted to the City Manager for the same well.
('68 Code, § 19½-6) (Ord. 10-1987-55, passed 10-20-87; Am. Ord. 01-2007-07, passed 1-23-07) Penalty, see § 118.99