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(a) General.

(1) Violations or other incidents of noncompliance must be reported to the city within 24 hours of discovery.

(2) Compliance with all regulations will be overseen by the oil and gas division and its appointed inspectors. Compliance may also be determined from objective emissions records, evidence of spills, or other incidents.

(3) Identified noncompliance issues must be remediated promptly.

(4) A mitigation plan prepared by the operator to avoid future occurrences of similar incidents of noncompliance will be submitted to the city for review by the oil and gas manager.

(b) Violations.

(1) It is unlawful to construct, install, drill, or cause to be constructed, installed, or drilled any oil and gas location, oil and gas facility, oil and gas midstream location, or oil and gas midstream facility within the city unless approval has been granted by the city. The unlawful drilling, redrilling, or operation of any well or the production therefrom is a violation of this section.

(2) It shall be unlawful to violate any provision of the Oil and Gas Manual after approval of a permit. Each of the following actions, or inaction when action is required, is unlawful and is a violation of this section:

a. Failure to comply with any standard, specification, regulation, requirement, or best management practice (BMP) set forth in this Oil and Gas Manual.

b. Failure to comply with any condition attached to a permit or approval under this Oil and Gas Manual.

c. Failure to prevent leaks, spills, and emissions; however, fines for such emissions shall be limited by C.R.S. 25-7-128(8), as amended.

(3) Air quality violations. Violations of the air quality sections of this Manual or to contest permitting decisions involving provisions in the air quality section of this Manual shall be consistent with C.R.S. 25-7-118 to 25-7-121.

(4) Except as provided in subsection (b)(2)(c) of this section, any person violating any provision of this chapter or the Oil and Gas Manual shall be subject to the fines set forth in section 1-13. The jail sentence set forth in section 1-13 shall not be applicable to violations of this section. Each day a violation continues shall constitute a separate violation. (Ord. No. 2021-15, § 19, 6-14-2021)