(A) Operator shall comply at all times with all applicable federal, state and town laws, regulations and rules. If an operator (or its officers, employees, agents, contractors, or representatives) fails to comply with any requirement of a gas well permit, the operator is subject to immediate citation, injunction, abatement or any other remedy permitted by law. When possible under the circumstance, the Inspector or other designated town employee or representative 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.
(B) If the operator fails to comply within ten days after notice, or fails to comply immediately if there is an imminent health and safety issue as determined by the sole discretion of the Inspector or other designated town representative, the Inspector may suspend or revoke the gas well permit pursuant to the provisions of this chapter.
(C) No person shall carry on any operations performed under the terms of the gas well permit issued under this chapter during any period of any gas well permit suspension or revocation or pending a review of the decision or order of the town 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 chapter or immediately if there is an imminent health or safety condition, the Inspector may notify the Railroad Commission and request that the Railroad Commission take any appropriate action.
(E) In addition to all other remedies, citations and other action that may be taken as allowed or permitted by this chapter, the town may apply to a court of competent jurisdiction to obtain injunctive relief or such other relied as may be available by law.
(F) Operator may file an appeal in writing directed to the City Council within 30 days of the date of the decision of the Inspector in writing to suspend or revoke a gas well permit. Until the City Council renders its decision, the suspension or revocation shall remain in effect.
(Ord. 326, passed 7-14-2011) Penalty, see § 154.999