(A) An operator may submit an application to the Inspector to amend an existing gas well permit to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing gas well permit, or to otherwise amend the existing gas well permit. Any change to a permit, including a change in operator, transfer of lease, or the route of pipeline must also go through the amended well permit process. An operator must submit an application 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.
(B) Applications for amended gas well permits shall be in writing, shall be signed by the operator, and shall include the following:
(1) A non-refundable amended application for permit fee as approved by resolution of the Lakeside City Council. The applicant/operator, in addition to the usual application fee, shall pay the town for the actual cost to the town for the services of an inspector and/or technical expert to review the application and/or information supplement; Additional services the town incurs for services of an inspector, laboratory and/or technical expert shall be paid by the operator at the standard rate plus expenses;
(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 town);
(4) Such additional information as is reasonably required by the Inspector to demonstrate compliance with the applicable gas well permit; and
(5) Such additional information as is reasonably required by the Inspector to prevent imminent destruction of property or injury to persons.
(C) All applications for amended gas well permits shall be filed with the Inspector for review. Incomplete applications may be returned to the applicant, in which case the town shall provide a written explanation of the deficiencies; however, the town shall retain the application fee. The town may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator.
(D) 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 20 days after the application is filed.
(E) 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 Inspector 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 Inspector, 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 Inspector may require the amendment to be processed as a new gas well permit application.
(F) The failure of the Inspector 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.
(G) The decision of the Inspector to deny 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.
(Ord. 326, passed 7-14-2011)