§ 138-468. Suspension or revocation of oil and gas well permits.

(a)

If an operator or its officers, employees, agents, contractors, or representatives fails to comply with any requirement of a permit, including any requirement incorporated by reference as part of the 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, safety, and welfare of the community. In no event, however, shall the cure period be less than 30 days unless the failure presents 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 30 days from the date of the notice, the oil and gas inspector may suspend or revoke the permit pursuant to the provisions of this article.

(c)

No person shall carry on any operations performed under the terms of the permit issued under this article during any period of any permit suspension or revocation or pending a review of the decision or order of the city in suspending or revoking the 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 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)

An operator may, within 30 days of the date of the decision of the oil and gas inspector in writing to suspend or revoke a permit, file an appeal to the oil and gas board of appeals under the provisions outlined in this article.

(f)

If an application for a 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. 2007-06-056, § 2(39-332), 6-5-2007)