§ 138-467. Amended oil and gas well permits.

(a)

An operator may submit an application to the oil and gas inspector to amend an existing permit to commence drilling from a new drill site that is not shown on or incorporated by reference as part of the existing permit, to relocate a drill site or operation site that is shown on or incorporated by reference as part of the existing permit, or to otherwise amend the existing permit.

(b)

Applications for amended permits shall be in writing, shall be signed by the operator, and shall include the following:

(1)

An application fee as determined from time to time by city council;

(2)

A description of the proposed amendments;

(3)

Any changes to the information submitted with the application for existing permit (if such information has not previously been provided to the city);

(4)

Such additional information as is reasonably required by the oil and gas inspector to demonstrate compliance with the applicable permit; and

(5)

Such additional information as is reasonably required by the oil and gas inspector to prevent imminent destruction of property or injury to persons.

(c)

All applications for amended permits shall be filed with the oil and gas inspector for review. Incomplete applications may be returned to the applicant, in which case the city shall provide a written explanation of the deficiencies; however, the city shall retain the application fee. The city 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 permit, and if the proposed activities are in conformance with the applicable permit, then the oil and gas inspector shall approve the amendment within 30 days after the application is filed.

(e)

If the activities proposed by the amendment are materially different from the activities covered by the existing permit, and if the proposed activities are in conformance with the applicable permit, then the oil and gas 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 oil and gas 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 permit or that was not otherwise taken into consideration by the existing permit, the oil and gas inspector may require the amendment to be processed as a new permit application.

(f)

The failure of the oil and gas inspector to review and issue an amended permit within the time limits specified above shall not cause the application for the amended permit to be deemed approved. Further, the decision of the oil and gas inspector to deny an amendment to a permit shall be provided to the operator in writing within 30 days after the decision, including an explanation of the basis for the decision. The operator may appeal any such denial to the oil and gas board of appeals.

(Ord. No. 2007-06-056, § 2(39-331), 6-5-2007; Ord. No. 2008-08-078, 8-19-2008)