11.36.1. Construction, Installation or Operation of Unapproved Oil or Gas Facilities.
11.36.1.1. It shall be unlawful to construct, install, or cause to be constructed or installed, any Oil or Gas Facility or Facilities without the issuance of development orders approving applications for both an Oil and Gas Overlay Zoning District Application, an SUDP and requisite Grading and Building Permits and a Certificate of Completion.
11.36.1.2. It shall be a violation of the Code to construct, install or cause to be constructed or installed, any Oil or Gas Facility in violation of the Code, or contrary to the conditions established by the development orders for the Overlay Zone or SUDP.
11.36.2. Penalties; Permit Revocation.
11.36.2.1. Any Operator, person, firm, corporation or legal entity that violates any provision of Section 11, any provision of the development orders approving an Oil and Gas Overlay Zoning District Classification a SUDP or a valid directive or order of the Administrator, shall be subject to the penalties set forth in NMSA 1978, section 4-37-3 (1993) (as amended).
11.36.2.2. The violation of each separate provision in this Section shall be considered a separate offense, and each day the violation is allowed to continue shall be considered a separate offense.
11.36.2.3. Notwithstanding any other penalty or remedy provided for in this Section, the County may, on finding a violation of provisions of this Section, revoke or suspend any Oil and Gas Overlay Zoning District Classification or SUDP governing the Oil or Natural Gas Facility or Facilities that the County finds to be violating the provisions of this Section upon the same notice and public hearing requirements applicable to the application for the Overlay Zone. The County may also revoke any development order if it is determined that the Operator provided false, misleading; deceptive or inaccurate information and/or documentation to secure issuance of the Oil and Gas Overlay Zoning Classification or Special Use and Development Permit.
11.36.2.4. An Applicant’s default also constitutes a default on any existing development agreement held by the Applicant for that Oil or Gas Facility. In such event, remedies are available both under this Ordinance and under the development agreement.
11.36.3. Authority of the Administrator.
11.36.3.1. The Administrator shall have authority to issue any orders or directives required to carry out the intent and purpose of this Section. Any person’s failure to comply with such an order or directive shall constitute a violation of this Ordinance.
11.36.3.2. The Administrator shall have the authority to enter and inspect any Oil or Gas Facility or Facilities governed by Section 11 to determine its compliance with the provisions of this Section. If an Operator denies the Administrator entry, the County shall have the right to obtain an order from a court of competent jurisdiction to obtain entry, or may institute proceedings to revoke the Board and CDRC development orders pursuant to a duly noticed public hearing before the Board or CDRC respectively.
11.36.3.3. The Administrator shall have the authority to request and receive any records, logs, reports, studies or other documents relating to the status or condition of an Oil or Gas Facility. Items that are marked “confidential” or “proprietary” shall be kept confidential to the extent permissible as provided in the New Mexico Inspection of Public Records Act, NMSA 1978, Section 14-2-1 et seq. Any person’s failure to timely provide any such requested materials shall constitute a violation covered by Section 11.36.2, above.
11.36.3.4. The Administrator shall have the authority to order immediate remedial action if he or she finds that the Operator or any person for whom the Operator is legally responsible has not complied with the requirements of this Section, if the Administrator also finds that such noncompliance constitutes a hazard to the public health, safety or general welfare. If the persons responsible for noncompliance fail to take immediate steps to eliminate the hazard, or if the situation is so perilous as to constitute an imminent threat to the public health, safety or general welfare, the Administrator may order the prompt cessation of all activity at the Well site or in the entire Oil or Gas Facility, including evacuation of the premises and/or the temporary suspension of the SUDP applicable to the Facility, subject to a public hearing to be held by the CDRC within twenty (20) days after the Administrator’s Order.
11.36.3.5. In case any building, structure or other oil and gas related project is or is proposed to be erected, constructed, reconstructed, altered or used, or any land is or is proposed to be used, in violation of any provision of this Ordinance, the County, in addition to the other remedies provided by law, ordinance or resolution, may seek an injunction, mandamus, or abatement of activity or pursue other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or use.
11.36.3.6. Any person or organization, affected by any violation of this Ordinance, may sue to enjoin violations of, or compel compliance with, any provision of this Ordinance.
11.36.3.7. The Administrator is hereby authorized to prepare and promulgate staff instructions for the implementation of this Ordinance and administrative rules and regulations which shall be approved by the CDRC and the Board respectively. The Administrator shall assign one staff member of the Santa Fe County Growth Management Land Use Department to supervise and manage each application for an Oil and Gas Overlay Zoning District Classification and subsequent SUDP. The assigned staff member shall be the contact point for all relevant owners, lessees and interested persons regarding the status of the application throughout the administrative process.
