§ 43-10. Amended gas well permits.

(a)

An operator may submit an application to the inspector to amend an existing gas well permit to commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) the 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.

(b)

At least ten days, but not more than 30 days prior to the date of filing of an application for an amended permit, the operator, at the operator's expense, shall erect at least one sign, no less than three feet by three feet, upon the premises upon which an amended permit has been requested. Where possible, the sign or signs shall be located in a conspicuous place or places upon the property at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property.

(c)

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

(1)

The application fee in accordance with the Fee Schedule in Appendix C of the Code of Ordinances.

(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 city).

(4)

Such additional information as is reasonably required by the inspector to demonstrate compliance with the applicable gas well permit.

(5)

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

(d)

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 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.

(e)

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 ten days after the application is filed.

(f)

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.

(g)

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.

(h)

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. No. O-2011-010-11, § 1(Exh. A), 9-12-11)