A. If an operator (or its officers, employees, agents, contractors, or representatives) fails to comply with any requirement of an oil and gas well permit (including any requirement incorporated by reference as part of the oil and gas well permit), the Oil and Gas Inspector 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 and welfare of the community. In no event, however, shall the cure period be less than ten (10) days unless the failure presents a violation of the noise provisions, 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 ten (10) days from the date of the notice, the Oil and Gas Inspector may suspend or revoke the oil and gas well permit or issue a citation pursuant to the provisions of this article. A citation may be immediately issued for failure to comply with the provisions of section 66-161.B "Noise." However, if the operator is in compliance with the approved noise management plan, and a violation still occurs, the operator will be given twenty-four (24) hours from notice of noncompliance to correct the violation from an identified source before a citation is issued. Additional extensions of the twenty-four (24) hour period may be granted in the event that the source of the violation cannot be identified after reasonable diligence by the operator.
C. No person shall carry on any operations performed under the terms of the oil and gas well permit issued under this article during any period of any oil and gas well permit suspension or revocation or pending a review of the decision or order of the City in suspending or revoking the oil and 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 oil and gas well 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 article, the Oil and Gas Inspector, upon written notice to the operator, may notify the commission and request that the commission take any appropriate action.
E. Operator may, within thirty (30) days of the date of the decision of the Oil and Gas Inspector in writing to suspend or revoke an oil and gas well permit, file an appeal to the City Council under the provisions outlined in this article pursuant to section 66-191, "Appeals," of this article.
F. If an application for an oil and gas well permit is denied by the Oil and Gas Inspector, nothing herein contained shall prevent a new permit application from being submitted to the Oil and Gas Inspector for the same well.
(Ord. No. 10-08, 7-6-2010)