§ 154.003  GAS INSPECTOR AND TOWN OVERSIGHT.
   (A)   The Town Administrator may employ a Gas Inspector who shall enforce the provisions of this chapter and all applicable laws, rules, regulations, standards or directives of the town or state. Any Inspector shall have a degree in or extensive experience in petroleum engineering with experience in the gas industry and must demonstrate a proven background in the drilling, production, and operation of natural gas development, drilling and production. The Gas Inspector shall have the authority to issue any orders or directives required to carry out the intent and purpose of this chapter and its particular provisions. Failure of any person to comply with any such order or directive shall constitute a violation of this chapter. In the event the town has no Gas Inspector appointed or available at times called for in this chapter, then all references to Gas Inspector shall mean the Town Administrator.
   (B)   The Gas Inspector shall have the authority to enter and inspect any premises covered by the provisions of this chapter, at any time, to determine compliance with the provisions of this chapter and all applicable laws, rules, regulations, standards or directives of the state and to issue citations for violations of this chapter. Failure of any person to permit access to the Gas Inspector shall constitute a violation of this chapter. The Gas Inspector shall conduct periodic inspections at least once a year of all permitted wells in the town to determine that the wells are operating in accordance within proper safety parameters as set out in this chapter and all regulations of the Commission.
   (C)   The Gas Inspector shall have the authority to request and receive any records, including any records sent to the Commission, logs, reports and the like, relating to the status or condition of any permitted well necessary to establish and determine compliance with the applicable gas well permit. Failure of any person to provide any such requested material shall be deemed a violation of this chapter.
   (D)   (1)   The Gas Inspector shall have the authority to allow alternatives to the technical standards
of this chapter related to public safety and welfare, such as new technology, if the operator has demonstrated to the Gas Inspector's satisfaction that the alternatives provide equal or greater protection of the environment or public.
      (2)   To determine the acceptability of equivalent technologies, processes, products, facilities, materials and uses as they pertain to gas matters, the Inspector is authorized to require the operator to provide, without charge to the town, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the Inspector. The opinion and report shall analyze the properties of the technology, process, product, facility, material or use and provide a recommendation as to its applicability in the operator's particular set of circumstances. The Inspector is authorized to require design submittals to be prepared by, and bear the stamp of a registered design professional.
   (E)   The Inspector shall have the authority to require the use of soundproofing methods to ensure compliance with the noise restrictions required by this chapter.

   (F)   The costs for such services shall be assessed against and paid for by such operators of drilling operations in the town in addition to any fees or charges assessed pursuant to this chapter.
(Ord. 326, passed 7-14-2011)  Penalty, see § 154.999