2007 Oregon Code - Chapter 517 :: Chapter 517 - Mining and Mining Claims
Chapter 517 —
Mining and Mining Claims
2007 EDITION
MINING AND MINING CLAIMS
MINERAL RESOURCES
MINING CLAIMS
(Veins or Lodes)
517.010Â Â Â Â Location
of mining claims upon veins or lodes
517.030Â Â Â Â Recording
copy of location notice; fee
517.040Â Â Â Â Abandoned
claims
(Placer Deposits)
517.042    “Legal
subdivision” defined for ORS 517.042 to 517.052
517.044Â Â Â Â Location
of claims upon placer deposits; posting notice
517.046Â Â Â Â Marking
boundaries of claim or locating by legal subdivisions
517.052Â Â Â Â Recording
copy of location notice; fee
(General Provisions)
517.060Â Â Â Â Correcting
defective notice of location
517.065Â Â Â Â Effect
of noncompliance with law in locating claim
517.070Â Â Â Â Certain
locations subject to prior rights
517.080Â Â Â Â Mining
claims as realty
517.090Â Â Â Â Application
to claims of law governing transfers and mortgages of realty
517.100Â Â Â Â Sums
payable on redemption of claim; interest
517.110Â Â Â Â Grubstaking
contracts
PROSPECTING, SMALL SCALE MINING AND
RECREATIONAL MINING
517.120Â Â Â Â Definitions
for ORS 517.120 to 517.133
517.123Â Â Â Â Legislative
findings
517.125Â Â Â Â Rules
to be adopted in consultation with affected parties
517.128Â Â Â Â Restricting
access to open mining area or mining claim prohibited
517.130Â Â Â Â Mineral
trespass
517.133Â Â Â Â Interfering
with a mining operation
517.135Â Â Â Â Exemption
from crimes of mineral trespass and interfering with a mining operation
MILLSITES
517.160Â Â Â Â Location
of nonmineral land as millsite; notice; fee
EXTINGUISHING DORMANT MINERAL INTEREST
517.170Â Â Â Â Policy
517.180Â Â Â Â Procedure
for extinguishing dormant mineral interest
ASSESSMENT WORK
517.210Â Â Â Â Recording
affidavit of annual compliance
517.220Â Â Â Â Affidavit
or lack thereof as evidence; recording fee
517.230Â Â Â Â Performance
of assessment work by coowners
517.240Â Â Â Â Failure
of coowner to contribute; notice
517.250Â Â Â Â Form
of notice; service; publication
517.260Â Â Â Â Notice;
return and proof of service
517.270Â Â Â Â Vesting
of interest of delinquent coowner
517.280Â Â Â Â Certificate
of ownership; issuance
517.290Â Â Â Â Fee
for certificate
517.300Â Â Â Â Effect
of certificate; certified copy of certificate, notice and return admissible as
evidence
517.310Â Â Â Â Recording
and indexing certificate; fee; effect
517.320Â Â Â Â Counteraffidavits
of delinquent owner; suit to quiet title; judgment
517.330Â Â Â Â Accounting
for fees
MINING LEASES
517.430Â Â Â Â Use
of timber by lessee
517.440Â Â Â Â Lessee,
licensee, or operator of mine deemed bailee of yield until payment of lessor
and workers
MINERAL EXPLORATION
517.702Â Â Â Â Legislative
findings
517.705Â Â Â Â Exploration
permit; application; information required; confidentiality of production
records, mineral assessments or trade secrets
517.710Â Â Â Â Fees
517.715Â Â Â Â Exemptions
from permit requirement
517.720Â Â Â Â Persons
with operating permit exempted
517.725Â Â Â Â Department
inspection of exploration site
517.730Â Â Â Â Drill
hole or well abandonment; rules
517.735Â Â Â Â Exploration
on land administered by Department of State Lands
517.740Â Â Â Â Rules
RECLAMATION OF MINING LANDS
(Generally)
517.750Â Â Â Â Definitions
for ORS 517.702 to 517.989
517.755Â Â Â Â Mining
operations affecting more than five acres
517.760Â Â Â Â Policy
517.770Â Â Â Â Exemptions
from reclamation requirements
517.775Â Â Â Â Permit
fee for certain landowners and operators; erosion stabilization at limited
exempt site
517.780Â Â Â Â Effect
on local zoning laws or ordinances; rules; certain operations exempt
517.790Â Â Â Â Operating
permit required for surface mining on certain lands; application for permit;
proposed reclamation plans; waiver of requirement for preparation and approval
of reclamation plan; refusal to issue operating permit
517.795Â Â Â Â Department
to consult with and cooperate with other agencies
517.800Â Â Â Â Fees;
rules
517.810Â Â Â Â Requirement
for bond or security; rules; other security in lieu of bond
517.815Â Â Â Â Reclamation
bond pooling program; requirements; rules
517.820Â Â Â Â Extensions
of time for submission of proposed reclamation plans; time limit for
reclamation completion; consultation with state agencies
517.830Â Â Â Â Inspection
of operating site; approval of application for operating permit; effect of
failure to approve or refusal to approve reclamation plan; appeal from denial
of plan; consolidated application process
517.831Â Â Â Â Modification
of operating permit or reclamation plan; opportunity for alternative dispute
resolution
517.832Â Â Â Â Emergency
operating permit; rules
517.833Â Â Â Â Transfer
of operating permit; rules
517.834Â Â Â Â Temporary
operating permit; rules
517.835Â Â Â Â Conditions
on operating permit or reclamation plan to prevent impact on ground water
517.836Â Â Â Â Surveying
or marking surface mining operations; rules
517.837Â Â Â Â Annual
report by permittee; rules
517.840Â Â Â Â Administration
and enforcement of ORS 517.702 to 517.989; rules
517.850Â Â Â Â Inspection
of permit area
517.855Â Â Â Â Disruption
of portion of mining property preserved from mining
517.860Â Â Â Â Effect
of failure to comply with operating permit or reclamation plan; department may
perform work and assess costs against bond or security
517.862Â Â Â Â Revocation,
termination or refusal to renew operating permit
517.865Â Â Â Â Effect
of failure to perform reclamation and insufficient bond; lien; notice;
priority; foreclosure
517.870Â Â Â Â Adjustment
of bond or security of operator upon satisfactory completion of reclamation
work
517.880Â Â Â Â Order
for suspension of surface mining operation operating without required permit;
enjoining operation upon failure of operator to comply; completion of
reclamation by department
517.890Â Â Â Â Review
of final determination
517.901Â Â Â Â Confidentiality
of production records, mineral assessments and trade secrets
(Nonaggregate Mineral Surface Mines)
517.905Â Â Â Â Applicability
of ORS 517.910 to 517.989
517.910Â Â Â Â Definitions
for ORS 517.910 to 517.989
517.915Â Â Â Â Additional
operating permit requirements for nonaggregate mineral mines; denial of permit
if reclamation not possible
517.920Â Â Â Â Permit
application fees under ORS 517.910 to 517.989
517.925Â Â Â Â Time
limit for action on permit application
517.930Â Â Â Â Department
inspection
517.935Â Â Â Â Limit
on reclamation lien by department against nonaggregate mineral operator
517.940Â Â Â Â Reclamation
expenditure by department
517.950Â Â Â Â Bond
or security deposit for nonaggregate mineral operating permit
517.951Â Â Â Â Legislative
intent not to assume exclusive jurisdiction
CHEMICAL PROCESS MINING
(Generally)
517.952Â Â Â Â Definitions
for ORS 517.702 to 517.989
517.953Â Â Â Â Policy
517.954Â Â Â Â Application
of ORS 517.952 to 517.989
(Chemical Process Mines)
517.956Â Â Â Â Standards
for chemical process mining operation; rules
517.957Â Â Â Â Department
coordination of activities of affected agencies
517.958Â Â Â Â Compliance
with preapplication process; purpose
517.959Â Â Â Â Public
notice requirements for ORS 517.952 to 517.989; fees
517.961Â Â Â Â Notice
of intent to submit application; posting of notice
517.963Â Â Â Â Department
duties upon receipt of notice of intent
517.965Â Â Â Â Project
coordinating committee
517.967Â Â Â Â Technical
review team
517.969Â Â Â Â Collection
of baseline data; public informational meetings; collection methodology
517.971Â Â Â Â Consolidated
application
517.973Â Â Â Â Fees;
payment of expenses of department and permitting and cooperating agencies
517.975Â Â Â Â Distribution
of completed consolidated application; notice of receipt of application
517.977Â Â Â Â Preparation
of draft permits; public hearing; determination of completeness of consolidated
application
517.978Â Â Â Â Review
of application; additional information
517.979Â Â Â Â Environmental
evaluation; review of baseline data; payment of costs of third party contractor
517.980Â Â Â Â Socioeconomic
impact analysis
517.981Â Â Â Â Draft
permit and permit conditions; denial of permit; time limits; public hearing on
draft permit
517.982Â Â Â Â Final
permits; permit conditions submitted by cooperating agencies
517.983Â Â Â Â Consolidated
contested case hearing; judicial review; stay of permit
517.984Â Â Â Â Modification
of permit; project coordinating committee
517.985Â Â Â Â Rulemaking
517.986Â Â Â Â Time
limit for final action on permit subject to consolidated application process
517.987Â Â Â Â Reclamation
bond or security; annual assessment of cost of reclamation; lien; release of
security; post-reclamation security
517.988Â Â Â Â Permit
conditions by State Department of Fish and Wildlife; violations of State
Department of Fish and Wildlife conditions
517.989Â Â Â Â Statutes
and rules applicable to consolidated application
PENALTIES
517.990Â Â Â Â Criminal
penalties
517.992Â Â Â Â Civil
penalties; rules
MINING CLAIMS
(Veins or Lodes)
     517.010
Location of mining claims upon veins or lodes. (1) Any person, a citizen of the United
States, or one who has declared an intention to become such, who discovers a
vein or lode of mineral-bearing rock in place upon the unappropriated public
domain of the United States within this state, may locate a claim upon such
vein or lode by posting thereon a notice of such discovery and location. The
notice shall contain:
     (a) The name of the lode or claim.
     (b) The names of the locators.
     (c) The date of the location.
     (d) The number of linear feet claimed
along the vein or lode each way from the point of discovery, with the width on
each side of the lode or vein.
     (e) The general course or strike of the
vein or lode as nearly as may be, with reference to some natural object or
permanent monument in the vicinity, and by defining the boundaries upon the
surface of each claim so that the same may be readily traced.
     (2)(a) Such boundaries shall be marked
within 30 days after posting of such notice by four substantial posts,
projecting not less than three feet above the surface of the ground, and made
of wood measuring not less than one and one-half inch by one and one-half inch,
or by substantial mounds of stone, or earth and stone, at least two feet in
height, one such post or mound of rock at each corner of such claims.
     (b) During the course of normal
maintenance of the claim location posts or monuments, any post that requires
replacement and is not constructed of naturally occurring materials shall be
replaced by posts that are made of wood measuring not less than one and
one-half inch by one and one-half inch on a side and that project not less than
three feet above the surface of the ground.
     (3) At such time as any lode mining claim
is declared invalid by the United States Department of the Interior, Bureau of
Land Management or is otherwise dropped by the last claim holder of record
without transfer through lease or sale to another person, all claim location
posts not made of natural materials shall be removed from the public domain of
the United States and at the same time any post made of natural materials shall
be removed or dismantled. [Amended by 1991 c.215 §1]
     517.020 [Repealed by 1971 c.228 §1]
     517.030
Recording copy of location notice; fee. The locator shall, within 60 days from the posting of the location
notices by the locator upon the lode or claim, record with the clerk of the
county where the claim is situated, who shall be the custodian of mining
records and minersÂ’ liens, a copy of the notice posted by the locator upon the
lode or claim and shall pay the clerk a fee for such recording as provided in
ORS 205.320, which sum the clerk shall immediately pay over to the treasurer of
the county and shall take a receipt therefor, as in case of other county funds
coming into the possession of such officer. The clerk shall immediately record
the location notice. [Amended by 1971 c.228 §2; 1971 c.621 §33; 1973 c.598 §4;
1975 c.607 §36; 1979 c.833 §31; 1991 c.230 §25; 1999 c.654 §28]
     517.040
Abandoned claims. Abandoned
claims are unappropriated mineral lands, and titles thereto shall be obtained
as specified in ORS 517.010 and 517.030, without reference to any work
previously done thereon.
(Placer
Deposits)
     517.042
“Legal subdivision” defined for ORS 517.042 to 517.052. As used in ORS 517.042 to 517.052, unless
the context requires otherwise, “legal subdivision” means a subdivision of a
state survey or of a
     517.044
Location of claims upon placer deposits; posting notice. Any individual, a citizen of the United
States, or one who has declared an intention to become such, who discovers a
placer deposit of minerals upon the unappropriated public domain of the United
States within this state, which minerals are subject to location under the
mineral and mining laws of the United States, may locate a placer claim thereon
by posting in a conspicuous place thereon a notice of such discovery and
location. The notice shall contain:
     (1) The name of the claim.
     (2) The name of the individual or
individuals locating the claim.
     (3) The date of the location of the claim.
     (4) The number of feet or acres claimed,
together with a description, either by legal subdivisions, if practicable, or
if not, then by reference to some natural object or permanent monument in the
vicinity of the claim, which will identify the claim located. [1961 c.525 §2]
     517.046
Marking boundaries of claim or locating by legal subdivisions. (1) Unless the claim for placer deposit
referred to in ORS 517.044 is located by legal subdivisions, the surface
boundaries of the claim must be marked so that the same may be readily traced.
Such boundaries shall be marked within 30 days after the posting of the notice
described in ORS 517.044 by substantial posts or other monuments of the same
size, materials and dimensions as in the case of quartz claims. The boundaries
of the claim shall be marked at each corner or angle, and, when any side or end
of the claim extends for more than 1,320 feet without a corner or angle, then
at intervals of not less than 1,320 feet along such side or end.
     (2) Where the claim for placer deposit
referred to in ORS 517.044 is taken by legal subdivisions, no other reference
in the notice of claim required to be posted and filed under the provisions of
ORS 517.042 to 517.052 than to the legal subdivisions shall be required and the
boundaries of a claim so located and described need not be staked or
monumented. The description by legal subdivisions in the notice required to be
filed under ORS 517.052 shall be deemed the equivalent of marking the surface
boundaries of the claim. [1961 c.525 §3]
     517.048 [1961 c.525 §4; repealed by 1971 c.228 §1]
     517.050 [Renumbered as part of 517.065]
     517.052
Recording copy of location notice; fee. The individual locating a placer deposit shall, within 60 days from
the posting of the location notice upon the claim, record with the clerk of the
county where the claim is situated, a copy of the notice posted by the
individual upon the claim. The fee for recording such location notice shall be
the fee provided for in ORS 205.320. The clerk shall immediately record the
location notice. [1961 c.525 §5; 1971 c.228 §3; 1991 c.230 §26; 1999 c.654 §29]
(General
Provisions)
     517.060
Correcting defective notice of location. If at any time an individual who has located a mining claim within the
meaning of ORS 517.010 or 517.044, or the assigns of the individual, apprehends
that the original notice of location of the mining claim was defective,
erroneous, or that the requirements of the law had not been complied with
before the filing of the notice, such locator or assigns may post and record in
the manner now provided by law, an amended notice of the location which shall
relate back to the date of the original location. However, the posting and
recording of the amended notice of location shall not interfere with the
existing rights of others at the time of posting the amended notice. [Amended
by 1961 c.525 §7; 1991 c.230 §27]
     517.065
Effect of noncompliance with law in locating claim. (1) Subject to ORS 517.060, all locations or
attempted locations of quartz mining claims subsequent to December 31, 1898,
that do not comply with ORS 517.010 and 517.030 are void.
     (2) Except as provided in ORS 517.060, all
locations or attempted locations of placer mining claims made after August 9,
1961, that do not comply with the provisions of ORS 517.042 to 517.052 are
void. [Subsection (1) formerly 517.050; subsection (2) enacted as 1961 c.525 §6]
     517.070
Certain locations subject to prior rights. Any location of any mining claim made upon any natural stream, or
contiguous or near to any placer mine, or upon or below the dump of any placer
mine, shall be subject to the prior right of all mines in operation prior to
the making of such location, to discharge debris, gravel, earth, and slickens
which were or may be discharged at the time of making such subsequent location.
     517.080
Mining claims as realty. All
mining claims, whether quartz or placer, are real estate. The owner of the
possessory right thereto has a legal estate therein within the meaning of ORS
105.005.
     517.090
Application to claims of law governing transfers and mortgages of realty. All conveyances of mining claims or of
interests therein, either quartz or placer, whether patented or unpatented, are
subject to the provisions governing transfers and mortgages of other realty as
to execution, recordation, foreclosure, execution sale and redemption. However,
such redemption by the judgment debtor must take place within 60 days from date
of confirmation, or such right is lost. [Amended by 2003 c.14 §339]
     517.100
Sums payable on redemption of claim; interest. In case of redemption from sale under
judgment, the redemptioner shall pay such sums as are now required by law for
redemption under execution sale, and such additional sum as may have been
expended upon the property so redeemed by the purchaser under execution, or the
assigns of the purchaser, in order to keep alive the possessory right thereto
after the execution sale, not exceeding $100 for each claim, with 10 percent
interest thereon from date of such expenditures. [Amended by 2003 c.576 §466]
     517.110
Grubstaking contracts. All
contracts of mining copartnership, commonly known as “grubstaking,” shall be in
writing, and recorded with the clerk of the county wherein the locations
thereunder are made. Unless contracts of mining copartnership contain the names
of the parties thereto and the duration thereof, the contracts are void. [Amended
by 1991 c.230 §28]
PROSPECTING,
SMALL SCALE MINING AND RECREATIONAL MINING
     517.120
Definitions for ORS 517.120 to 517.133. As used in ORS 517.120 to 517.133:
     (1) “Mining” means the removal of gold,
silver or other precious minerals from aggregate or a vein of ore.
     (2) “Mining claim” means a portion of the
public lands claimed for the valuable minerals occurring in those lands and for
which the mineral rights are obtained under federal law or a right that is
recognized by the United States Bureau of Land Management and given an
identification number.
     (3) “Prospecting” means to search or
explore, using motorized or nonmotorized methods, for samples of gold, silver
or other precious minerals from among small quantities of aggregate or ore.
     (4) “Recreational mining” means mining in
a manner that is consistent with a hobby or casual use, including use on public
lands set aside or withdrawn from mineral entry for the purpose of recreational
mining, or using pans, sluices, rocker boxes, other nonmotorized equipment and
dredges with motors of 16 horsepower or less and a suction nozzle of four
inches or less in diameter.
     (5) “Small scale mining” means mining on a
valid federal mining claim operating under a notice of intent or plan of
operations while using whatever equipment is necessary, as approved by the
notice of intent or plan of operations, to locate, remove and improve the
claim. [1999 c.354 §1]
     Note: 517.120 to 517.135 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
517 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     517.123
Legislative findings. The
Legislative Assembly finds that prospecting, small scale mining and
recreational mining:
     (1) Are important parts of the heritage of
the State of
     (2) Provide economic benefits to the state
and local communities; and
     (3) Can be conducted in a manner that is
not harmful and may be beneficial to fish habitat and fish propagation. [1999
c.354 §2]
     Note: See note under 517.120.
     517.125
Rules to be adopted in consultation with affected parties. Any rule pertaining to recreational or small
scale mining adopted after June 28, 1999, shall be adopted in consultation with
affected parties. [1999 c.354 §3]
     Note: See note under 517.120.
     517.128
Restricting access to open mining area or mining claim prohibited. A person may not attempt to restrict access
to any open mining area or valid mining claim or to harass or interfere in any
way with a person engaged in lawful mining activities. [1999 c.354 §4]
     Note: See note under 517.120.
     517.130
Mineral trespass. (1) As
used in this section:
     (a) “Bedrock sluice” means a wood or metal
flume or trough that is permanently attached to the bedrock of the creek and is
equipped with transverse riffles across the bottom of the unit and used to
recover heavy mineral sands.
     (b) “Deface” includes but is not limited
to altering, pulling down, damaging or destroying.
     (c) “Dredge” means a subsurface hose from
1.5 to 10 inches in diameter that is powered by an engine and is used to draw
up auriferous material that is then separated in the sluice portion of the
unit.
     (d) “Flume” means a trough used to convey
water.
     (e) “Quartz mill” means a facility for
processing ores or gravel.
     (f) “Rocker box” means a unit constructed
of a short trough attached to curved supports that allow the unit to be rocked
from side to side.
     (g) “Sluice box” means a portable unit
constructed of a wood or metal flume or trough equipped with transverse riffles
across the bottom of the unit and that is used to recover heavy mineral sands.
     (2) A person commits the crime of mineral
trespass if the person intentionally and without the permission of the claim
holder:
     (a) Enters a mining claim posted as
required in ORS 517.010 or 517.044 and disturbs, removes or attempts to remove
any mineral from the claim site;
     (b) Tampers with or disturbs a flume,
rocker box, bedrock sluice, sluice box, dredge, quartz mill or other mining
equipment at a posted mining claim; or
     (c) Defaces a location stake, side post,
corner post, landmark, monument or posted written notice within a posted mining
claim.
     (3) Mineral trespass is a Class C
misdemeanor. [1999 c.354 §5]
     Note: See note under 517.120.
     517.133
Interfering with a mining operation. (1) As used in this section, “lawful mining operation” means any small
scale mining operation that is in full compliance with state and federal laws.
     (2) A person commits the crime of
interfering with a mining operation if the person intentionally:
     (a) Interferes with a lawful mining
operation; or
     (b) Stops, or causes to be stopped, a
lawful mining operation.
     (3) Interfering with a mining operation is
a Class C misdemeanor. [1999 c.354 §6]
     Note: See note under 517.120.
     517.135
Exemption from crimes of mineral trespass and interfering with a mining
operation. (1) ORS 517.128
to 517.133 do not apply to conduct that would otherwise constitute an offense
when it is required or authorized by law or judicial decree or is performed by
a public servant in the reasonable exercise of official powers, duties or
functions.
     (2) As used in subsection (1) of this
section, “laws or judicial decrees” includes but is not limited to:
     (a) Laws defining duties and functions of
public servants;
     (b) Laws defining duties of private
citizens to assist public servants in the performance of certain of their
functions; and
     (c) Judgments and orders of courts. [1999
c.354 §7]
     Note: See note under 517.120.
MILLSITES
     517.160
Location of nonmineral land as millsite; notice; fee. (1) The proprietor of a vein or lode, or
placer claim, or the owner of a quartz mill or reduction works, may locate not
more than five acres of nonmineral land as a millsite. Such locations shall be
made in the same manner as provided in ORS 517.044 for locating placer claims,
except that no discovery or location work is required. Where a millsite is
appurtenant to a mining claim, either lode or placer, the notice of location of
such millsite shall describe by appropriate reference the mining claim to which
it is appurtenant.
     (2) The locator of a millsite shall,
within 30 days from the date of posting a notice thereon, record a copy thereof
with the same county officer. The fee for recording such location notice shall
be the fee provided for in ORS 205.320. Such location notices shall be recorded
in the same manner as location notices of quartz or placer claims but need have
no affidavit of location work attached. [1963 c.123 §1; 1999 c.654 §30]
EXTINGUISHING
DORMANT MINERAL INTEREST
     517.170
Policy. It is in the
interest of the State of
     517.180
Procedure for extinguishing dormant mineral interest. (1) An owner of land in which another person
holds a mineral interest, may extinguish the holderÂ’s interest by publishing
notice and submitting an affidavit of publication for recording as described in
subsections (4) to (9) of this section, unless:
     (a) Within the last 30 years, the holder
of the mineral interest has submitted a statement of claim for recording in the
manner set out in subsection (3) of this section; or
     (b) The holder of the mineral interest
acquired the mineral interest within the previous 30 years.
     (2) For the purposes of this section:
     (a) “Mineral interest” includes any
interest that is created by an instrument transferring, either by grant,
assignment, reservation or otherwise, an interest of any kind in coal, oil, gas
or other minerals and geothermal resources, except an interest vested in the
United States, the State of Oregon or a political subdivision of the State of
Oregon. A mineral interest does not include an interest in sand or gravel.
     (b) “Owner of land” includes a vested fee
simple owner or a contract purchaser.
     (3) The statement of claim referred to in
subsection (1) of this section shall be submitted for recording in the office
of the clerk of the county in which the land affected by the mineral interest
is located and shall contain:
     (a) The name and address of the holder of
the mineral interest as that name is shown in the instrument that created the
original mineral interest; and
     (b) The name and address of the current
holder of the mineral interest.
     (4) To extinguish the mineral interest
held by another person, and acquire ownership of that interest, the owner of
the land shall publish notice of the lapse of the mineral interest at least
once each week for three consecutive weeks in a newspaper of general circulation
in the county in which the lands affected by the mineral interest are located.
If the address of the mineral interest holder is known or can be determined by
due diligence, the notice shall also be mailed by the owner of the land to the
holder of the mineral interest before the first publication.
     (5) The notice required in subsection (4)
of this section shall include:
     (a) The name of the holder of the mineral
interest, as shown of record;
     (b) A reference to the instrument creating
the original mineral interest, including where it is recorded;
     (c) A description of the lands affected by
the mineral interest;
     (d) The name and address of the person
giving the notice;
     (e) The date of first publication of the
notice; and
     (f) A statement that the holder of the
mineral interest must submit a statement of claim to the county clerk within 60
days after the date of the last publication or the mineral interest of the
holder may be extinguished.
     (6) A copy of the notice and an affidavit
of publication of the notice, as described in subsection (7) of this section,
shall be submitted to the county clerk within 15 days after the date of the
last publication of the notice in the office of the clerk of the county where
the lands affected by the mineral interest are located.
     (7) The affidavit of publication shall
contain either:
     (a) A statement that a copy of the notice
was mailed to the holder of the mineral interest and the address to which it
was mailed; or
     (b) If no copy of the notice was mailed, a
detailed description, including dates, of the efforts made to determine with
due diligence the address of the holder of the mineral interest.
     (8) If the owner of the land affected by
the mineral interest gives notice as required in subsection (4) of this section
and submits a copy of the notice and the affidavit of publication for recording
as required by subsection (6) of this section, the mineral interest of the
holder shall be extinguished and become the property of the owner of the lands,
unless the holder of the mineral interest submits a statement of claim to the
county clerk within 60 days after the date of the last publication of the
notice.
     (9) Upon receipt, the clerk of the county
shall record a statement of claim or a notice and affidavit of publication of
notice in the Mineral and Mining Record. When possible, the clerk shall also
indicate by marginal notation on the instrument creating the original mineral
interest the recording of the statement of claim or notice and affidavit of
publication of notice. The clerk of the county shall record a statement of
claim by cross-referencing in the Mineral and Mining Record the name of the
current holder of the mineral interest and the name of the original holder of
the mineral interest as set out in the statement of claim.
     (10) The provisions of this section may
not be waived at any time. [1983 c.421 §2; 1997 c.819 §10; 1999 c.654 §31]
ASSESSMENT
WORK
     517.210
Recording affidavit of annual compliance. Within 30 days after the performance of labor or making of
improvements, or making federal fee payments required by law to be annually
performed or made upon any mining claim, the person in whose behalf such labor
was performed or improvement or payment was made, or someone in behalf of the
person, knowing the facts, shall make and have recorded in the Mineral and
Mining Record of the county in which the mining claim is situated, an affidavit
setting forth:
     (1) The name of the claim or claims if
grouped and a reference to the record where the location notice of each such
claim is recorded.
     (2) The number of days’ work done and the
character and value of the improvements placed thereon, together with their
location.
     (3) The dates of performing the labor and
making the improvements.
     (4) At whose instance or request the work
was done or improvements made.
     (5) The actual amount paid for the labor
and improvements, and by whom paid, when the same was not done by the claim
owner.
     (6) That the federal fee requirements have
been met by the owner or agent and that the owner or agent intends to hold the
claim in good standing for the applicable assessment year. [Amended by 1993
c.443 §1; 1999 c.654 §32]
     517.220
Affidavit or lack thereof as evidence; recording fee. The affidavit described in ORS 517.210, when
so recorded, or a duly certified copy thereof, is prima facie evidence of the
facts therein stated. Failure to file such affidavit within the prescribed time
is prima facie evidence that such labor has not been done. The fee for
recording the affidavit shall be the fee provided by ORS 205.320. [Amended by
1971 c.621 §34; 1975 c.607 §37; 1979 c.833 §32; 1991 c.230 §29; 1999 c.654 §33]
     517.230
Performance of assessment work by coowners. Whenever any quartz or placer mines are owned by one or more persons,
or are owned in common by any persons, any person owning any legal or equitable
interest in the mines may perform the annual assessment work upon them which is
required by the laws of the
     517.240
Failure of coowner to contribute; notice. Upon failure of any coowner of any mine to contribute that coownerÂ’s
proportion of expenditures required in assessment work, or to perform or pay
for such proportion, the coowners who performed or caused to be performed the
labor or assessment work, may, at the expiration of the year for which the
assessment work was performed, give the delinquent coowner notice that the
assessment work for that year has been performed, stating by whom performed,
the amount of work performed and the dates between which it was performed;
together with a statement of the amount due from the delinquent coowner for the
delinquent coownerÂ’s proportion of the work, and requiring the delinquent coowner,
within 90 days from the date of service of the notice, to pay to the coowners
who performed or caused to be performed such work, the delinquent coownerÂ’s
proportion. The notice shall further state that if the delinquent coowner fails
or refuses to contribute the proportion due for the work, the interest of the
delinquent coowner in the mine will become the property of the coowners who
performed or caused to be performed the assessment work.
     517.250
Form of notice; service; publication. The notice shall be in writing and signed by the coowner who performed
or caused to be performed the assessment work. It shall be served upon the
delinquent coowner personally by the sheriff of the county in which the mine is
situated, if the delinquent coowner is within the county. If the delinquent
coowner can be found in any other county, then the notice shall be served by
the sheriff of that county. If the delinquent coowner cannot be found within
the state, or if at the time of giving the notice the delinquent coowner is
without the state, service of the notice shall be made by publication thereof
in the weekly newspaper published in the county nearest to where the mine is
situated. If there are two or more papers published in the county at the same
distance from the mine, the coowner giving notice may elect in which paper the
notice shall be published. If no weekly newspaper is published within the
county, service of the notice shall be made by publication in any other weekly
newspaper within the state published nearest the mine. The notice shall be
published at least once a week for a period of 90 days after the first
publication.
     517.260
Notice; return and proof of service. If the notice is served by any sheriff as provided in ORS 517.250, the
sheriff shall make return by filing the notice with the return showing service
with the county recorder, or if there is none, with the county clerk, for the
county within which the mine is situated. If personal service cannot be had as
provided in ORS 517.250, proof of service shall be made by filing with the
county recorder, or if there is none, with the county clerk of the county in
which the mine is situated, the notice as published, attached to an affidavit
made by the printer, foreman, or publisher of the newspaper, to the effect that
it is of general circulation throughout the county, is published weekly, and
that the notice was published at least once a week in that newspaper for a
period of not less than 90 days after the first publication of the notice.
     517.270
Vesting of interest of delinquent coowner. If at the expiration of 90 days from the date of personal service of
the notice upon the delinquent coowner or from the date of the last publication
of the notice, the delinquent coowner has not paid the proportion of the
delinquent coowner to the coowners who performed or caused to be performed the
assessment work, the title to the interest of the delinquent coowner in the
mine shall be immediately vested in the coowners who performed or caused to be
performed the assessment work.
     517.280
Certificate of ownership; issuance. The coowners who performed the assessment work may file with the
county clerk of the county where the mine is situated, their affidavits that
the payment has not been made. Upon the filing of such affidavits, the clerk
shall record the notice, proof of service and affidavits in the Mineral and
Mining Record. The clerk shall then and there issue to the coowners who
performed or caused to be performed the assessment work, a certificate to the
effect that the clerk has recorded the notice, proof of service and affidavits
of nonpayment, and that the coowners who performed or caused to be performed
the assessment work have become and are the owners of all the right, title and
interest of the delinquent coowner or coowners of the property. [Amended by
1991 c.230 §30; 1999 c.654 §34]
     517.290
Fee for certificate. The
certificate described in ORS 517.280 shall not be issued until the coowners
entitled to it pay to the clerk a fee as set by ORS 205.320. [Amended by 1971
c.621 §35; 1975 c.607 §38; 1979 c.833 §33; 1991 c.230 §31]
     517.300
Effect of certificate; certified copy of certificate, notice and return
admissible as evidence. (1)
A certificate issued as provided in ORS 517.280 shall be equivalent to a deed
from a delinquent coowner of all the interest of the delinquent coowner in and
to all mines described in the notice, and shall convey the interest of the
delinquent coowner in the premises to the coowner or coowners who performed or
caused to be performed the assessment work. The certificate may be introduced
in evidence in any cause where ownership of the property may become material.
When so introduced, it shall have the same force and effect as would a duly
executed and delivered deed from the delinquent coowner.
     (2) A certified copy of the certificate,
and of the notice and return, when made and certified to by the county clerk,
shall be admissible in evidence in any trial where it is material to establish
proof of service of the notice or ownership of the property.
     517.310
Recording and indexing certificate; fee; effect. The certificate given by the county clerk
shall be recorded in the office of the officer issuing it, upon payment of the
fee established under ORS 205.320. The officer shall record and index the
certificates in the Mineral and Mining Record. Such indexing and recording
shall have the same force and effect as the indexing and recording of deeds to
other real property, and shall give like constructive notice. [Amended by 1999
c.654 §35]
     517.320
Counteraffidavits of delinquent owner; suit to quiet title; judgment. If prior to the issuing of the certificate
there has been filed with the county clerk an affidavit by the delinquent
coowner that the payment has been made, the clerk shall not issue a
certificate, but the parties shall be left to establish such fact by suit to
quiet the title to the premises. If in the suit it appears either that the
assessment work was not performed by the coowners claiming to have performed
it, or that the delinquent coowner has performed or paid the delinquent coownerÂ’s
proportion of the assessment work, a judgment shall be entered in the suit to
that effect; but if it is established that the assessment has been performed by
or has been caused to be performed by the coowners so claiming and that the
delinquent coowner has not performed or paid the delinquent coownerÂ’s
proportion, a judgment shall be entered providing that the coowners who
performed the assessment work to be the owners of all the interest of the
delinquent coowner in the premises. The judgment shall be entitled to record in
the Mineral and Mining Record kept by the county clerk in the county, and shall
be indexed in the Mineral and Mining Record for the county. [Amended by 1999
c.654 §36; 2003 c.576 §467]
     517.330
Accounting for fees. All
fees collected under ORS 517.290 and 517.310 are the property of the county in
which they are collected, and shall be accounted for by the officer collecting
them as other recording fees are accounted for.
     517.410 [Amended by 1961 c.419 §1; part renumbered
273.920; remainder renumbered 273.355]
     517.420 [Amended by 1955 c.528 §1; 1961 c.419 §2;
1983 c.740 §206; repealed by 1993 c.340 §2]
MINING LEASES
     517.430
Use of timber by lessee. (1)
The lessee of the Department of State Lands under ORS 273.551 may use down
timber found on the premises for fuel, and may cut and use green timber in the
construction of buildings required in the operation of a mine on the premises,
or for lining test pits or shafts, or for timbering drifts or excavations, or
for other mining purposes, but for no other purpose.
     (2) The lessee of the State Forester under
ORS 273.551 may use down timber found on the premises for fuel and may cut and
use green timber for lining test pits or shafts, or for timbering drifts or
excavations, or for other mining purposes, but for no other purpose. [Amended
by 1953 c.65 §5]
     517.440
Lessee, licensee, or operator of mine deemed bailee of yield until payment of
lessor and workers. Any
lessee, licensee, or person other than the owner, who operates or works a mine,
lode, mining claim, or deposit yielding metal or mineral of any kind, has
custody and control of whatever metal or mineral may be produced in such
operation or work, as bailee only and not as owner, until the sum due the
lessor is paid and the wages due from such lessee to the lessor or to any
worker who has performed labor under contract of service on, in or about such
mine, lode, mining claim, or deposit are wholly paid.
     517.450 [Repealed by 1971 c.743 §432]
     517.510 [Repealed by 1993 c.742 §114]
     517.520 [Repealed by 1993 c.742 §114]
     517.530 [Repealed by 1993 c.742 §114]
     517.540 [Repealed by 1993 c.742 §114]
     517.550 [Repealed by 1993 c.742 §114]
     517.610 [Repealed by 1953 c.188 §2]
     517.611 [1957 c.580 §1; repealed by 1987 c.260 §1]
     517.620 [Repealed by 1953 c.188 §2]
     517.621 [1957 c.580 §2; repealed by 1987 c.260 §1]
     517.630 [Repealed by 1953 c.188 §2]
     517.631 [1957 c.580 §3; repealed by 1987 c.260 §1]
     517.640 [Repealed by 1953 c.188 §2]
     517.641 [1957 c.580 §4; repealed by 1987 c.260 §1]
     517.650 [1957 c.580 §5; repealed by 1987 c.260 §1]
     517.660 [1957 c.580 §6; repealed by 1987 c.260 §1]
     517.670 [1957 c.580 §7; repealed by 1987 c.260 §1]
     517.680 [1957 c.580 §8; repealed by 1987 c.260 §1]
     517.690 [1957 c.580 §9; repealed by 1987 c.260 §1]
     517.700 [1957 c.580 §10; repealed by 1987 c.260 §1]
MINERAL
EXPLORATION
     517.702
Legislative findings. (1)
The Legislative Assembly finds and declares that:
     (a) Mineral exploration is recognized as
an integral part of the mineral industry with inherently less risk to the
environment than surface or underground mining operations.
     (b) Mineral exploration assists in the
orderly identification of mineral resources in the state.
     (c) Mineral exploration activities are
recognized as distinct from operational activities.
     (2) The Legislative Assembly, therefore,
declares that the purposes of ORS 517.702 to 517.755, 517.790, 517.810, 517.910
and 517.920 are to encourage efficient and environmentally sound identification
and development of the mineral resources of this state. [Formerly 517.960]
     517.705
Exploration permit; application; information required; confidentiality of
production records, mineral assessments or trade secrets. (1) Any person engaging in onshore
exploration that disturbs more than one surface acre or involves drilling to
greater than 50 feet shall obtain an exploration permit. Prior to receiving an
exploration permit, an applicant shall submit a permit application on a form
provided by the State Department of Geology and Mineral Industries. Information
required shall include the information necessary to assess impacts of the
proposed exploration, including but not limited to:
     (a) The name and address of the surface
owner and mineral owner.
     (b) The names and addresses of the persons
conducting the exploration.
     (c) The name and address of any designated
agent.
     (d) A brief description of the exploration
activities, including but not limited to:
     (A) The amount of road to be constructed;
     (B) The number, depth and location of
proposed drill holes;
     (C) The number, depth and location of
proposed monitoring wells; and
     (D) The number, length, width and depth of
exploration trenches.
     (e) Provisions for the reclamation of
surface disturbance caused by exploration activities.
     (f) Exploration drill hole or monitoring
well abandonment procedures, including but not limited to:
     (A) The capping of all holes;
     (B) The plugging of any hole producing
surface flow; and
     (C) Appropriate sealing for any holes
which have encountered aquifers.
     (g) A map with the location of the
proposed exploration and delineation of exploration boundaries.
     (2) Any production records, mineral
assessments or trade secrets submitted as part of the application under
subsection (1) of this section shall be confidential. [Formerly 517.962; 1999
c.492 §11]
     517.710
Fees. (1) A fee, not to
exceed $400 shall accompany the application described in ORS 517.705. The State
Department of Geology and Mineral Industries may renew the permit annually on
the anniversary date of the issuance of the permit, provided the person
conducting the exploration is not in violation of any provision of ORS 517.702
to 517.755, 517.790, 517.810, 517.910 and 517.920 and pays a renewal fee not to
exceed $300.
     (2) A permit shall be subject to
suspension and revocation as provided by ORS 517.702 to 517.755, 517.790,
517.810, 517.910 and 517.920. [Formerly 517.964]
     517.715
Exemptions from permit requirement. (1) When exploration will result in less than one acre of surface
disturbance or drilling to 50 feet or less, any person conducting exploration
is exempted from the requirements of the permit procedure described in ORS
517.702 to 517.740. However, nothing in this section exempts a person from the
requirements of ORS chapter 273 or the requirements of other departments.
     (2) All mineral exploration drill holes
shall comply with the abandonment procedures specified in ORS 517.705 (1)(f). [Formerly
517.966; 1999 c.492 §12]
     517.720
Persons with operating permit exempted. The provisions of ORS 517.702 to 517.740 do not apply if the applicant
has obtained an operating permit, described in ORS 517.790, for the area
described in the exploration permit. [Formerly 517.968; 1999 c.492 §13]
     517.725
Department inspection of exploration site. (1) The State Department of Geology and Mineral Industries may inspect
the exploration site prior to initiation of exploration to review the existing
environmental conditions, assess impacts of the proposed exploration and
establish the amount of financial assurance required.
     (2) The department may inspect lands not
later than 60 days following notification by the person conducting the
exploration that reclamation is complete. If the department determines that the
reclamation complies with the approved reclamation plan, including
establishment of vegetation, the department may release the bond or other
security required by ORS 517.810 within 60 days of that determination.
     (3) The department is authorized to
inspect any ongoing exploration site in order to establish compliance with ORS
517.702 to 517.755, 517.790, 517.810, 517.910 and 517.920. [Formerly 517.970]
     517.730
Drill hole or well abandonment; rules. (1) The State Department of Geology and Mineral Industries shall
consult with the Water Resources Department on the development of rules
covering drill hole or monitoring well abandonment procedures, including
procedures for the abandonment of holes and wells for which no exploration
permit is required in ORS 517.705.
     (2) Nothing in ORS 517.702 to 517.755,
517.790, 517.810, 517.910 and 517.920 prohibits the conversion of exploration
drill holes or monitoring wells to water wells, provided that the conversion
conforms to the standards and rules of the Water Resources Department. [Formerly
517.972]
     517.735
Exploration on land administered by Department of State Lands. The Department of State Lands and the State
Department of Geology and Mineral Industries shall coordinate the regulation of
any exploration project on land administered by the Department of State Lands. [Formerly
517.974]
     517.740
Rules. In consultation with
the Environmental Quality Commission, Water Resources Commission and the State
Land Board, the State Department of Geology and Mineral Industries governing
board shall adopt rules to carry out the provisions of ORS 517.702 to 517.755,
517.790, 517.810, 517.910 and 517.920. [Formerly 517.976]
RECLAMATION
OF MINING LANDS
(Generally)
     517.750
Definitions for ORS 517.702 to 517.989. As used in ORS 517.702 to 517.989, unless the context requires
otherwise:
     (1) “Board” means the governing board of
the State Department of Geology and Mineral Industries.
     (2) “Completion” means termination of
surface mining activities including reclamation of the surface-mined land in
accordance with the approved reclamation plan and operating permit.
     (3) “Department” means the State
Department of Geology and Mineral Industries.
     (4) “Exploration” means all activities
conducted on or beneath the surface of the earth for the purpose of determining
presence, location, extent, grade or economic viability of a deposit. “Exploration”
does not include prospecting or chemical processing of minerals.
     (5) “Explorer” means, notwithstanding the
provisions of ORS 517.810 (2), any individual, public or private corporation,
political subdivision, agency, board or department of this state, any
municipality, partnership, association, firm, trust, estate or any other legal
entity whatsoever that is engaged in exploration.
     (6) “Landowner” means:
     (a) The person possessing fee title to the
natural mineral deposit being surface mined or explored; and
     (b) The owner of an equitable interest in
land that is subject to a deed of trust.
     (7) “Minerals” includes soil, coal, clay,
stone, sand, gravel, metallic ore and any other solid material or substance
excavated for commercial, industrial or construction use from natural deposits
situated within or upon lands in this state.
     (8) “Operator” means any individual,
public or private corporation, political subdivision, agency, board or
department of this state, any municipality, partnership, association, firm,
trust, estate or any other legal entity whatsoever that is engaged in surface
mining operations.
     (9) “Overburden” means the soil, rock and
similar materials that lie above natural deposits of minerals.
     (10) “Person” means any person, any
federal agency or any public body, as defined in ORS 174.109.
     (11) “Processing” includes, but is not
limited to, crushing, washing, milling and screening as well as the batching
and blending of mineral aggregate into asphalt and portland cement concrete
located within the operating permit area.
     (12) “Reclamation” means the employment in
a surface mining operation or exploration of procedures reasonably designed to:
     (a) Minimize, as much as practicable, the
adverse effects of the surface mining operation or exploration on land, air and
water resources; and
     (b) Provide for the rehabilitation of
surface resources adversely affected by the surface mining operations or
exploration through the rehabilitation of plant cover, soil stability and water
resources and through other measures that contribute to the subsequent
beneficial use of the explored, mined or reclaimed lands.
     (13) “Reclamation plan” means a written
proposal, submitted to the department as required by ORS 517.702 to 517.989 and
subsequently approved by the department as provided in ORS 517.702 to 517.989,
for the reclamation of the land area adversely affected by a surface mining operation
or exploration and including, but not limited to the following information:
     (a) Proposed measures to be undertaken by
the operator in protecting the natural resources of adjacent lands.
     (b) Proposed measures for the
rehabilitation of the explored or surface-mined lands and the procedures to be
applied.
     (c) The procedures to be applied in the
surface mining operation or exploration to control the discharge of
contaminants and the disposal of surface mining refuse.
     (d) The procedures to be applied in the
surface mining operation or exploration in the rehabilitation of affected
stream channels and stream banks to a condition minimizing erosion,
sedimentation and other factors of pollution.
     (e) The map required by ORS 517.790 (1)(e)
and such other maps and supporting documents as may be requested by the
department.
     (f) A proposed time schedule for the
completion of reclamation operations.
     (g) Requirements of the exploration
permit.
     (14) “Surface impacts of underground
mining” means all waste materials produced by underground mining and placed
upon the surface including, but not limited to, waste dumps, mill tailings,
washing plant fines and all surface subsidence related to underground mining.
     (15)(a) “Surface mining” includes all or
any part of the process of mining minerals by the removal of overburden and the
extraction of natural mineral deposits thereby exposed by any method by which
more than 5,000 cubic yards of minerals are extracted or by which at least one
acre of land is affected within a period of 12 consecutive calendar months,
including open-pit mining operations, auger mining operations, processing,
surface impacts of underground mining, production of surface mining refuse and
the construction of adjacent or off-site borrow pits (except those constructed
for use as access roads).
     (b) “Surface mining” does not include:
     (A) Excavations of sand, gravel, clay,
rock or other similar materials conducted by the landowner or tenant for the
primary purpose of construction, reconstruction or maintenance of access roads
on the same parcel or on an adjacent parcel that is under the same ownership as
the parcel that is being excavated;
     (B) Excavation or grading operations
reasonably necessary for farming;
     (C) Nonsurface effects of underground mining;
or
     (D) Removal of rock, gravel, sand, silt or
other similar substances removed from the beds or banks of any waters of this
state pursuant to a permit issued under ORS 196.800 to 196.900.
     (16) “Surface mining refuse” means all
waste materials, soil, rock, mineral, liquid, vegetation and other materials
resulting from or displaced by surface mining operations within the operating
permit area, including all waste materials deposited in or upon lands within
the operating permit area.
     (17) “Underground mining” means all
human-made excavations below the surface of the ground through shafts or adits
for the purpose of exploring for, developing or producing valuable minerals. [1971
c.719 §2; 1975 c.724 §1; 1977 c.59 §1; 1981 c.622 §1; 1983 c.46 §1; 1985 c.292 §2;
1989 c.347 §12; 1999 c.353 §2; 2007 c.318 §5]
     Note: Definitions for 517.702 to 517.989 are also
found in 517.952.
     517.755
Mining operations affecting more than five acres. Notwithstanding the yard and acre
limitations of ORS 517.750 (15), as soon as any mining operation begun after
July 1, 1975, affects more than five acres of land the provisions of ORS
517.702 to 517.989 apply to the mining operation. [1975 c.724 §1a; 1979 c.435 §3;
1985 c.292 §3; 1985 c.565 §80; 1989 c.347 §13; 1999 c.353 §7; 2007 c.318 §15]
     Note: 517.755 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 517 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     517.760
Policy. (1) The Legislative
Assembly finds and declares that:
     (a) It is the policy of the State of
Oregon to recognize the important and essential contribution that the
extraction of minerals makes to the economic well-being of the state and the
nation and to prevent unacceptable adverse impacts to environmental, scenic,
recreational, social, archaeological and historic resources of the state that
may result from mining operations, while permitting operations that comply with
the provisions set forth in ORS 517.702 to 517.951.
     (b) Proper reclamation of surface-mined
lands is necessary to prevent undesirable land and water conditions that would
be detrimental to the general welfare, health, safety and property rights of
the citizens of this state.
     (c) Surface mining takes place in diverse
areas where the geologic, topographic, climatic, biological and social
conditions are significantly different and that reclamation operations and the
specifications therefor must vary accordingly.
     (d) It is not practical to extract
minerals required by our society without disturbing the surface of the earth
and producing waste materials and that the very character of many types of
surface mining operations precludes complete restoration of the affected lands
to their original condition.
     (e) Reclamation of surface-mined lands as
provided by ORS 517.702 to 517.951 will allow the mining of valuable minerals
in a manner designed for the protection and subsequent beneficial use of the
mined and reclaimed lands.
     (2) The Legislative Assembly, therefore,
declares that the purposes of ORS 517.702 to 517.951 are:
     (a) To provide that the usefulness,
productivity and scenic values of all lands and water resources affected by
surface mining operations within this state shall receive the greatest
practical degree of protection and reclamation necessary for their intended
subsequent use.
     (b) To provide for cooperation between
private and governmental entities in carrying out the purposes of ORS 517.702
to 517.951 and reclamation of abandoned mined lands that may pose a hazard to
public health, safety or the environment. [1971 c.719 §1; 1985 c.292 §4; 1993
c.342 §1]
     517.770
Exemptions from reclamation requirements. (1) The following mining operations are exempt from the reclamation
requirements set forth in ORS 517.702 to 517.989:
     (a) Lands within the surfaces and contours
of surface mines in existence on July 1, 1972, or vertical extensions of those
surfaces and contours, provided that the State Department of Geology and
Mineral Industries issues a certificate of exemption to the mining operation on
or before October 31, 2000; and
     (b) Lands within the surfaces and contours
of surface mining operations that are owned or operated by a person that, on
July 1, 1972, was a party to a surface mining contract that was valid on
January 1, 1971, provided that the department issued a certificate of exemption
to the mining operation on or before September 20, 1985.
     (2) A certificate of exemption terminates
if the landowner or operator does not renew the certificate annually. [1971
c.719 §15; 1973 c.709 §1; 1975 c.724 §2; 1985 c.292 §5; 1987 c.260 §2; 1987
c.361 §§1,1a; 1999 c.492 §1]
     517.775
Permit fee for certain landowners and operators; erosion stabilization at
limited exempt site.
Notwithstanding the provisions of ORS 517.770:
     (1) Any landowner or operator conducting
surface mining on July 1, 1972, shall pay the permit fee as provided in ORS
517.800; and
     (2) The State Department of Geology and
Mineral Industries shall require the landowner or operator to complete erosion
stabilization upon completion of mining at the limited exempt site. [1971 c.719
§17; 1979 c.435 §4; 1985 c.292 §17; 1987 c.260 §3; 1987 c.361 §2; 1999 c.492 §2]
     517.780
Effect on local zoning laws or ordinances; rules; certain operations exempt. (1) The provisions of ORS 517.702 to 517.989
and the rules and regulations adopted thereunder do not supersede any zoning
laws or ordinances in effect on July 1, 1972. However, if the zoning laws or
ordinances are repealed on or after July 1, 1972, the provisions of ORS 517.702
to 517.989 and the rules and regulations adopted thereunder are controlling.
The governing board of the State Department of Geology and Mineral Industries
may adopt rules and regulations with respect to matters covered by zoning laws
and ordinances in effect on July 1, 1972.
     (2) City or county operated surface mining
operations that sell less than 5,000 cubic yards of minerals within a period of
12 consecutive calendar months are exempt from the state mining permit
requirements of ORS 517.702 to 517.989 if the city or county adopts an
ordinance that includes a general reclamation scheme establishing the means and
methods of achieving reclamation for city or county operated surface mining
sites exempted from the state permit requirements by this subsection. [1971
c.719 §16; 1975 c.724 §3; 1977 c.524 §1; 1979 c.435 §1; 1983 c.20 §1; 1985
c.292 §6; 1987 c.361 §9; 2003 c.14 §340; 2007 c.318 §6]
     517.785 [1983 c.20 §3; 1985 c.292 §7; 1987 c.361 §8;
repealed by 2007 c.318 §28]
     517.790
Operating permit required for surface mining on certain lands; application for
permit; proposed reclamation plans; waiver of requirement for preparation and
approval of reclamation plan; refusal to issue operating permit. (1) A landowner or operator may not allow or
engage in surface mining on land not surface mined on July 1, 1972, without
holding a valid operating permit from the State Department of Geology and
Mineral Industries for the surface mining operation. A separate permit is required
for each separate surface mining operation. A person seeking an operating
permit from the department shall submit an application on a form provided by
the department that contains the following information:
     (a) The name and address of the landowner
and the operator and the names and addresses of any persons designated by them
as their agents for the service of process.
     (b) The materials for which the operation
is to be conducted.
     (c) The type of surface mining to be
employed in the operation.
     (d) The proposed date for the initiation
of the operation.
     (e) The size and legal description of the
lands that will be affected by the operation, and, if more than 10 acres of
land will be affected by the operation and if the department determines that
the conditions warrant it, a map of the lands to be surface mined that includes
the boundaries of the affected lands, topographic details of the lands, the
location and names of all streams, roads, railroads, utility facilities, wells,
irrigation ditches, ponds, stockpiles, buffers, setbacks and excavation
boundaries within or adjacent to the lands, the location of all proposed access
roads to be protected or constructed in conducting the operation and the names
and addresses of the owners of all surface and mineral interests of the lands
included within the surface mining area.
     (f) If practicable, a plan for visual
screening by vegetation or otherwise that will be established and maintained on
the lands within the operation for the purpose of screening the operation from
the view of persons using adjacent public highways, public parks and
residential areas.
     (g) The type of monitoring well
abandonment procedures.
     (h) A proposed reclamation plan that is
acceptable to and approved by the department.
     (i) Any other information that the
department considers pertinent in its review of the application.
     (2) The department may waive the
requirement for preparation and approval of a reclamation plan if:
     (a) The operation is conducted as part of
the on-site construction of a building, public works project or other physical
improvement of the subject property;
     (b) The operation is reasonably necessary
for such construction; and
     (c) The proposed improvements are
authorized by the local jurisdiction with land use authority.
     (3) The department may not issue an
operating permit to an operator other than the owner or owners of the surface
and mineral interests of the lands included within the surface mining area
unless the operator:
     (a) Has written approval from the owner or
owners of all surface and mineral interests of the lands included within the
surface mining area; and
     (b) Maintains a legal interest in the
lands that is sufficient to ensure that the operator has the authority to
operate and reclaim the lands as provided in the operating permit and
reclamation plan.
     (4) The department may refuse to issue an
operating permit to a person who has not, in the determination of the
department, substantially complied with the conditions of an operating permit
or reclamation plan, the provisions of this chapter or the rules adopted by the
department to carry out the purposes of this chapter. [1971 c.719 §4; 1973
c.709 §2; 1987 c.361 §10; 1989 c.347 §10; 1999 c.353 §3; 2007 c.318 §7]
     517.795
Department to consult with and cooperate with other agencies. (1) The State Department of Geology and
Mineral Industries shall consult with other state agencies as necessary to
ensure that rules developed by the department and those agencies regarding
exploration or monitoring well requirements for sites described under ORS
517.790 do not conflict.
     (2) The department and any other state
agencies imposing requirements for exploration or monitoring wells for sites
described under ORS 517.790 may enter into agreements for the department to act
on behalf of the agencies in informing the landowner or operator of the
requirements and overseeing enforcement of the requirements. [1997 c.184 §1]
     Note: 517.795 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 517 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     517.800
Fees; rules. (1)(a) Except
for an application for a chemical process mining operation submitted under ORS
517.952 to 517.989, each applicant for an operating permit under ORS 517.702 to
517.989 shall pay to the State Department of Geology and Mineral Industries a
fee established by the State Geologist in an amount not to exceed $1,260.
     (b) If an application for a new permit or
an amendment to an existing permit requires extraordinary department resources
because of concerns about slope stability or proximity to waters of the state
or other environmentally sensitive areas, the applicant shall pay to the
department an additional fee in an amount determined by the State Geologist to
be adequate to cover the additional costs for staff and other related expenses.
The State Geologist shall consult with the applicant when determining the
amount of the fee.
     (2) Annually, each holder of an operating
permit shall pay to the department a base fee of $635, plus $0.0075 per ton of
aggregate or mineral ore extracted during the previous 12-month period.
     (3) If a reclamation plan is changed, the
operator may be assessed for staff time and other related costs an amount not
to exceed $1,260 in addition to the annual renewal fee.
     (4) If, at operator request, the
department responds to requests for information required by a local government
in making a land use planning decision on behalf of the operator for a specific
site, the State Geologist may require the operator to pay the department a fee
for staff time and related costs. The department shall notify the operator in
advance of the estimated costs of providing the information, and the actual
amount assessed shall not exceed the estimate provided by the department.
     (5) The State Geologist may require the
operator of a site to pay to the department a special inspection fee in an
amount not to exceed $200 for an inspection conducted under the following
circumstances:
     (a) Investigation of surface mining
operations conducted without the operating permit required under ORS 517.790;
or
     (b) Investigation of surface mining
operations conducted outside the area authorized in an operating permit.
     (6) Upon request of an applicant or
operator, the department shall provide an itemized list and documentation of
expenses used to determine a fee under subsection (1)(b), (3) or (4) of this
section.
     (7) Notwithstanding the per ton fee
established in subsection (2) of this section, the governing board of the
department may lower to zero or raise the per ton fee up to $0.0085 if
necessary to provide financial certainty to the department or to reflect actual
expenses of the department in administering ORS 517.702 to 517.951. If the per
ton fee established in subsection (2) of this section is raised by the
governing board, the additional amount of money collected by the department
shall be deposited in the Mined Land Regulation and Reclamation Program
Subaccount within the Geology and Mineral Industries Account.
     (8) The governing board of the State
Department of Geology and Mineral Industries:
     (a) Shall adopt by rule a procedure for
the administrative review of the determinations of fees under this section.
     (b) Shall adopt rules establishing the
payment date for annual fees required under this section.
     (c) May adopt rules establishing a late
fee of up to five percent of the unpaid amount of an annual fee owed under this
section if the annual fee is more than 60 days past due. [1971 c.719 §7; 1973
c.709 §3; 1977 c.524 §2; 1979 c.435 §2; 1981 c.274 §1; 1983 c.88 §1; 1985 c.292
§8; 1987 c.598 §1; 1989 c.346 §1; 1991 c.735 §28; 1993 c.399 §1; 1995 c.79 §297;
1997 c.62 §1; 1999 c.353 §4; 2003 c.520 §1; 2005 c.650 §§1,1a; 2007 c.318 §16]
     517.810
Requirement for bond or security; rules; other security in lieu of bond. (1) Before issuing or reissuing an operating
permit for any surface mining operation or issuing or reissuing an exploration
permit for any exploration activity, the State Department of Geology and
Mineral Industries shall require that the applicant for the permit file with it
a bond or security acceptable to the department in a sum to be determined by
the department but in an amount not to exceed the total cost for reclamation if
the department were to perform the reclamation. The decision of the department
may be appealed to the governing board of the State Department of Geology and
Mineral Industries as provided in ORS chapter 183. The bond or security shall
be conditioned upon the faithful performance of the reclamation plan and of the
other requirements of ORS 517.702 to 517.989 and the rules adopted thereunder.
     (2) Nothing in this section shall apply to
any public body, as defined in ORS 174.109.
     (3) In lieu of the bond or other security
required of the applicant in subsection (1) of this section, the department may
accept a similar security from the landowner, equal to the estimated cost of
reclamation as determined by the department in consultation with the operator
or explorer. The decision of the department may be appealed to the governing
board as provided in ORS chapter 183.
     (4) In lieu of the bond required by
subsection (1) of this section, the department may accept a blanket bond
covering two or more surface mining sites or exploration projects operated by a
single company, owned by a single landowner or operated by all members of an
established trade association, in an amount, established by the department, not
to exceed the amount of the bonds that would be required for separate sites.
     (5) The governing board shall identify by
rule the procedures for the determination of the amount of the bond or other
security required of an applicant for an operating permit or exploration
permit. The rules:
     (a) Shall provide an opportunity for
participation by the applicant as part of the procedures; and
     (b) May allow for the amount of the bond
to be calculated and adjusted based upon the total area expected to be in a
disturbed condition in the following year as a result of the surface mining or
exploration operation. [1971 c.719 §8; 1975 c.724 §4; 1979 c.435 §5; 1983 c.497
§1; 1985 c.291 §1a; 1985 c.292 §9; 1987 c.361 §5; 1989 c.347 §11; 1999 c.492 §3;
2005 c.34 §6]
     517.815
Reclamation bond pooling program; requirements; rules. (1) The State Department of Geology and
Mineral Industries may establish and administer a program that provides for the
pooling of reclamation bonds to assist:
     (a) An operator in complying with the
reclamation bond requirements of ORS 517.810;
     (b) A person engaging in small mining
operations or small exploration projects on federally managed lands to comply
with financial guarantee requirements imposed by the Federal Land Policy and
Management Act of 1976 (P.L. 94-579) or regulations adopted to implement the
Act under 43 U.S.C. 1740; or
     (c) A person engaging in any form of
mining or exploration to comply with bonding requirements imposed pursuant to
county ordinance.
     (2) The program must:
     (a) Be designed to reduce the financial
burden of obtaining a reclamation bond for mining or exploration.
     (b) Require each person participating in
the program to:
     (A) Pay an amount into the pool each year
that is actuarially determined to enable the program to be self-sustaining and
pay for the costs of the department in administering the program;
     (B) Execute an agreement, on a form
provided by the department, to indemnify the pool for any claims made against
the reclamation bond; and
     (C) Provide security approved by the State
Geologist, if the State Geologist considers security necessary to ensure
against the possible forfeiture of the reclamation bond.
     (c) Use the moneys in the pool to cover
the bonded liability of persons participating in the program.
     (d) Provide a limit on the total bonded
liability of any person that may be covered under the program.
     (e) Provide conditions for the release or
forfeiture of bonds.
     (f) Provide that a person that
participates in the program has obtained security acceptable to the department
as required by ORS 517.810.
     (3) The department may adopt rules
relating to the development and administration of the program established under
this section. [2003 c.646 §2]
     Note: 517.815 was added to and made a part of
517.702 to 517.989 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     517.820
Extensions of time for submission of proposed reclamation plans; time limit for
reclamation completion; consultation with state agencies. (1) Upon good cause shown, the State
Department of Geology and Mineral Industries may grant reasonable extensions of
time for the completion by the landowner or operator and the submission to the
department of a proposed reclamation plan required by ORS 517.790. Each
reclamation plan submitted to the department must provide that all reclamation
activities shall be completed within three years after the termination of
mineral extraction from the surface mining operation conducted within each
separate area for which an operating permit is requested. Each such reclamation
plan shall be approved by the department if it adequately provides for the
reclamation of surface-mined lands.
     (2) The department, prior to approving a
proposed reclamation plan, shall consult with all other interested state
agencies and appropriate local planning authorities. [1971 c.719 §5; 1977 c.59 §2;
2007 c.318 §17]
     517.830
Inspection of operating site; approval of application for operating permit;
effect of failure to approve or refusal to approve reclamation plan; appeal
from denial of plan; consolidated application process. (1) Upon receipt of an application for an
operating permit, the State Department of Geology and Mineral Industries shall
inspect the operating site described in the application. Within 90 days after
the date that the application and the required permit fee are received, the
department shall issue the operating permit applied for or, if it considers the
application incomplete, return the application to the applicant for correction
of the deficiencies indicated by the department.
     (2) Failure by the department to act upon
the reclamation plan submitted with an application for an operating permit
within the 90-day period referred to in subsection (1) of this section is not a
denial by the department of the operating permit applied for. The department,
pending final approval of a reclamation plan, may issue a provisional permit
subject to reasonable limitations that may be prescribed by the department and
conditioned upon the applicantÂ’s compliance with the bond and security
requirements established by ORS 517.810.
     (3)(a) Notwithstanding subsections (1) and
(2) of this section, if an application involves an aggregate site that requires
a permit issued pursuant to ORS 215.427 or 227.178, and if the local
jurisdiction requests that the application not be decided until the local
jurisdiction has taken final action, the department shall make a final decision
on the operating permit and reclamation plan no later than 165 days after the
date a complete land use application is submitted to the local jurisdiction,
unless the applicant agrees to allow additional time under ORS 215.427,
215.429, 227.178 or 227.179. If a plan amendment is required as part of
issuance of a permit, the provisions of paragraph (b) of this subsection apply.
The department may not approve an operating permit and reclamation plan if the
land use application is denied.
     (b) Notwithstanding subsections (1) and
(2) of this section, if an application involves an aggregate site that requires
amendment to a comprehensive plan, as defined in ORS 197.015, and if the local
jurisdiction requests that the application not be decided until the local
jurisdiction has taken final action on the plan amendment, the department may
not make a final decision on the operating permit and reclamation plan until
the local jurisdiction has taken final action on the plan amendment. The
department shall make its final decision within 45 days of the date that the
local jurisdiction has taken final action on the plan amendment. The department
may not approve an operating permit and reclamation plan if the plan amendment
is denied.
     (4) Conditions and requirements imposed on
an operating permit and reclamation plan, and modifications thereto, issued
subsequent to issuance of a local jurisdiction permit shall be compatible with
the requirements and conditions of the local government permit, unless more
stringent requirements are necessary to comply with the provisions of ORS
517.750 to 517.901.
     (5) If a local jurisdiction does not
request that the department delay a decision on an operating permit and
reclamation plan as provided in subsection (3) of this section, the department
shall:
     (a) Give the local jurisdiction the
opportunity to review and comment on the application; and
     (b) Notify the local jurisdiction of the
decision and requirements and conditions imposed by the department.
     (6) If the department refuses to approve a
submitted reclamation plan, it shall notify the applicant, in writing, of its
reasons for the refusal to approve the reclamation plan, including additional
requirements as may be prescribed by the department for inclusion in the
reclamation plan. Within 60 days after the receipt of the notice, the applicant
shall comply with the additional requirements prescribed by the department for
the reclamation plan or file with the department a notice of appeal from the
decision of the department with respect to the reclamation plan. If a notice of
appeal is filed with the department by the applicant, the department may issue
a provisional permit to the applicant.
     (7) If an application is submitted as part
of the consolidated application process under ORS 517.952 to 517.989, review of
the application and approval or denial of the application shall be in
accordance with ORS 517.952 to 517.989. However, the review and approval or
denial shall take into consideration all policy considerations for issuing a
permit under ORS 517.702 to 517.989. [1971 c.719 §6; 1975 c.724 §5; 1985 c.292 §10;
1991 c.243 §2; 1991 c.735 §29; 1999 c.353 §5; 1999 c.492 §4; 1999 c.533 §13;
2001 c.104 §226; 2007 c.318 §8]
     517.831
Modification of operating permit or reclamation plan; opportunity for alternative
dispute resolution. (1)
Except as provided in subsection (2) of this section, the State Department of
Geology and Mineral Industries may not modify an operating permit or
reclamation plan without the consent of the operator.
     (2) The department may modify an operating
permit or reclamation plan without the consent of the operator if, because of
changed conditions at the permitted site or because of information otherwise
not available to the department at the time of permit issuance or reclamation
plan establishment, the department finds, by substantial evidence, that a
modification is justified due to the potential for:
     (a) Substantial harm to off-site property;
     (b) Harm to threatened or endangered
species; or
     (c) Channel changes or unstable pit walls.
     (3) Modification of an operating permit or
reclamation plan without the consent of the operator must be limited to the
areas or matters affected by the changed conditions or new information.
     (4) If the department modifies an
operating permit or reclamation plan without the consent of the operator, the
department must provide the operator with an opportunity for alternative
dispute resolution in the manner provided in ORS 183.502. [2007 c.318 §4]
     517.832
Emergency operating permit; rules. (1) Notwithstanding ORS 517.810 and 517.830, the State Department of
Geology and Mineral Industries may issue an emergency operating permit if:
     (a) A natural disaster, including but not
limited to a flood or an earthquake, or the effects of a natural disaster
threaten significant damage to property or to natural resources; and
     (b) A surface mining operation is
necessary to abate the threat.
     (2) The governing board of the department
shall adopt rules governing the issuance of emergency operating permits. The
rules shall include provisions:
     (a) Ensuring that emergency operating
permits are not issued over the objection of affected federal agencies or
public bodies, as defined in ORS 174.109;
     (b) Specifying the terms of an emergency
operating permit;
     (c) Establishing procedures for converting
an emergency operating permit to a standard operating permit; and
     (d) Establishing procedures for payment of
fees under ORS 517.800. [2005 c.34 §3]
     517.833
Transfer of operating permit; rules. (1) A person who by sale, assignment, lease or other means has
succeeded in interest to an uncompleted surface mining operation may request
that the State Department of Geology and Mineral Industries release the
existing operator from any reclamation obligations and transfer the operating
permit to the successor. The department shall transfer the operating permit,
unless:
     (a) The successor does not agree to full
assumption of the reclamation requirements in the operating permit and
reclamation plan;
     (b) The successor fails to provide a bond
or security as required by ORS 517.810;
     (c) More than one person has a claim to
the property or operating permit and there is a dispute between the claimants
that presents a justiciable controversy; or
     (d) The successor, as the operator of
another permitted site in this state, has failed to substantially comply with
the conditions of an operating permit or reclamation plan, the provisions of
ORS 517.702 to 517.989 or the rules adopted by the department to carry out the
purposes of ORS 517.702 to 517.989.
     (2) The governing board of the State
Department of Geology and Mineral Industries may adopt rules relating to the
responsibilities and duties of a person requesting a transfer of an operating
permit under this section. [2007 c.318 §3]
     517.834
Temporary operating permit; rules. (1) Notwithstanding ORS 517.810 and 517.830, the State Department of
Geology and Mineral Industries may issue a temporary operating permit to a
person if:
     (a) After consultation, the local
jurisdiction with land use authority over the permitted site does not raise
substantive objections to the issuance of the permit;
     (b) All interested state agencies approve
of the permit issuance; and
     (c) There is no objection from persons
owning property adjacent to the permitted site.
     (2) A temporary operating permit issued
under this section is subject to reasonable limitations that may be prescribed
by the department.
     (3) Within 30 days after issuing the
temporary operating permit, the operator shall:
     (a) Comply with the bond and security
requirements established by ORS 517.810;
     (b) Pay any applicable fee pursuant to ORS
517.800; and
     (c) Submit a reclamation plan to the
department.
     (4) The governing board of the department
shall adopt rules governing the issuance of temporary operating permits. The
rules shall include provisions:
     (a) Ensuring opportunities for notice and
comment by federal agencies;
     (b) Specifying the terms of a temporary
operating permit; and
     (c) Establishing procedures for converting
a temporary operating permit to a standard operating permit. [2005 c.34 §4]
     517.835
Conditions on operating permit or reclamation plan to prevent impact on ground
water. (1) Notwithstanding
ORS 517.831, the State Department of Geology and Mineral Industries may require
conditions on any new or existing surface mining operating permit or
reclamation plan sufficient to prevent or mitigate off-site impacts to ground
water resources from the removal of water from surface mining operations. The
department may include ground water monitoring as one of the conditions.
     (2) The department shall consult with the
operator and the Water Resources Department in assessing off-site impacts and
in developing prevention or mitigation measures prior to imposing any
conditions on an operating permit or reclamation plan pursuant to this section.
[2003 c.470 §2; 2007 c.318 §9]
     Note: 517.835 was added to and made a part of
517.702 to 517.989 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     517.836
Surveying or marking surface mining operations; rules. (1)(a) The governing board of the State
Department of Geology and Mineral Industries may adopt rules requiring the
surveying or marking of surface mining operations.
     (b) The rules may include, but are not
limited to, requirements for maps or diagrams showing areas excavated or
approved for excavation, setbacks or buffers established by the operating
permit and the location of buildings, wells, ponds, haul roads, stockpiles,
bodies of water and floodways.
     (c) The rules may require that information
required under this subsection be updated if the mining operations are subject
to:
     (A) A notice of violation under ORS
517.860;
     (B) A suspension order under ORS 517.880;
or
     (C) A significant modification of the
operating permit or reclamation plan under ORS 517.831.
     (d) The rules may exempt mining operations
from survey or marking requirements based on the size or location of the
operations or on the distance of the operations from ground and surface waters.
     (e) The rules must allow for reasonable
compliance schedules for existing mining operations.
     (2) The governing board may adopt rules
requiring surface mining operators to collect and report information relating
to amount and nature of materials excavated or processed at a surface mining
operation and the impacts of mining operations on ground or surface water. [2007
c.318 §4a]
     517.837
Annual report by permittee; rules. A person holding an operating permit issued pursuant to ORS 517.830
shall, no later than March 31 of each year, file an annual report with the
State Department of Geology and Mineral Industries. The governing board of the
department shall adopt rules describing the information relating to the permit
and operations under the permit that must be included in the annual report. [2005
c.34 §2]
     517.840
Administration and enforcement of ORS 517.702 to 517.989; rules. (1) The governing board of the State
Department of Geology and Mineral Industries shall administer and enforce the
provisions of ORS 517.702 to 517.989 and:
     (a) May conduct or cause to be conducted
investigations, research, experiments and demonstrations and may collect and
disseminate information related to surface mining and the reclamation of
surface-mined lands.
     (b) May cooperate with other governmental
and private agencies of this state or of other states and with agencies of the
federal government, including the reimbursement for any services provided by
such agencies to the State Department of Geology and Mineral Industries at its
request.
     (c) May apply for, accept and expend
public and private funds made available for the reclamation of lands affected
by surface mining in accordance with the purposes of ORS 517.702 to 517.989.
     (d) May, in accordance with the applicable
provisions of ORS chapter 183, adopt rules to carry out the provisions of ORS
517.702 to 517.989.
     (e) Shall establish by rule a program to
encourage voluntary reclamation practices that exceed the normal reclamation
standards to provide maximum enhancement and benefits from mined lands. The
program shall include incentives and other actions that will encourage
voluntary reclamation practices.
     (f) May receive and manage abandoned mined
land funds received for abandoned mined land reclamation from the federal
government.
     (2) In consultation with the Department of
Environmental Quality, the board shall identify those naturally occurring
hazardous or toxic metals and minerals that, if present in sufficient
concentrations at a surface mining site, subject the operator to the increased
bond or security requirements of ORS 517.950. The metals and minerals shall
include, but need not be limited to, arsenic, mercury, lead, uranium and
asbestos. [1971 c.719 §3; 1985 c.292 §11; 1989 c.461 §1; 1993 c.342 §2; 1995
c.509 §2; 2007 c.318 §10]
     517.850
Inspection of permit area.
At such reasonable times as the State Department of Geology and Mineral
Industries may elect, the department, after reasonable advance notice has been
given to the operator, may cause the permitted site to be inspected to determine
if the operator has complied with the operating permit, reclamation plan, this
chapter and the rules of the department. [1971 c.719 §9; 1997 c.183 §2; 2007
c.318 §18]
     517.855
Disruption of portion of mining property preserved from mining. (1) Any portion of a mining property that is
preserved from mining, including, but not limited to, a setback, buffer zone or
no-impact area, may be excavated, reduced, added to, elevated, reshaped,
contoured, graded or otherwise disrupted for the purpose of facilitating the
reclamation of the mined area or integrating the reclaimed area with its
surroundings.
     (2) Subsection (1) of this section does
not permit the removal for profit of any valuable mineral. [1997 c.186 §2]
     Note: 517.855 was added to and made a part of
517.702 to 517.989 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     517.860
Effect of failure to comply with operating permit or reclamation plan;
department may perform work and assess costs against bond or security. (1) If, from inspections conducted pursuant
to ORS 517.850 or from any other source, the State Department of Geology and
Mineral Industries determines that the operator has not complied with or is not
complying with the operating permit, the reclamation plan, the provisions of
this chapter or the rules of the department, the department may issue either or
both of the following to the operator:
     (a) Written notice of the violation. The
notice shall specifically outline the deficiencies.
     (b) A compliance order. The order may
specify a date by which the operator shall rectify any deficiencies. The
department may extend the period if delays occasioned for causes beyond the
operatorÂ’s control necessitate more time, but only when the operator is, in the
opinion of the department, making a reasonable effort to comply with the order.
     (2) The department may recover against the
bond or alternative form of financial security and reclaim the area affected by
surface mining if the department determines that an operator:
     (a) Has failed to comply with a department
order issued under subsection (1) of this section;
     (b) Fails to complete reclamation in
conformance with the reclamation plan on any segment of the permitted site or
fails to complete reclamation in a timely manner; or
     (c) Fails to maintain an operating permit
and pay all fees required under ORS 517.800.
     (3) If the department makes a claim on the
bond or security filed pursuant to ORS 517.810, the surety on the bond or
holder of the other security shall pay to the department the amount of the bond
or other security required. The department may reclaim the surface-mined land
in a manner determined by the department, including by public or private contractor.
If the amount is not paid within 30 days, the Attorney General, upon request of
the department, shall institute proceedings to recover the amount.
     (4) If the landowner has given security as
provided in ORS 517.810 (3) and the operator is in default as specified in
subsection (2) of this section, the landowner shall be held responsible for
complying with the reclamation plan of the operator. The department shall
furnish written notice of the default to the landowner and require the
landowner to complete the reclamation as specified in the operatorÂ’s
reclamation plan acceptable to the department. If the landowner has not
commenced action to rectify the deficiencies within 30 days after receiving
notice, or if the landowner fails to diligently pursue reclamation in
conformance with the plan, the department may demand payment of the amount of
the bond or other security from the surety or other holder and otherwise
proceed as provided in subsections (2) and (3) of this section.
     (5) The department, in performing
reclamation of surface-mined land, shall pursue a goal for reclamation designed
to:
     (a) Remove hazards;
     (b) Protect from drainage problems and
from pollution;
     (c) Meet local land use requirements for
reclamation; and
     (d) Comply with all federal and state
laws.
     (6) The department may delay, for a
reasonable time not to exceed one year, all or part of any reclamation
activities if the department determines that it is likely that:
     (a) Marketable mineral reserves exist at
the permitted site; and
     (b) A new operator will seek an operating
permit for the site and assume all reclamation responsibilities. [1971 c.719 §10;
1975 c.724 §6; 1977 c.59 §3; 1983 c.497 §2; 1985 c.291 §3; 1997 c.183 §1; 1999
c.353 §6; 1999 c.492 §5; 2007 c.318 §11]
     517.862
Revocation, termination or refusal to renew operating permit. (1) Except as provided in subsection (2) of
this section, the State Department of Geology and Mineral Industries may not
revoke, terminate or refuse to renew an operating permit if marketable reserves
exist at the permitted site and if there is a significant potential for
continued mining opportunities given reasonably foreseeable economic
conditions.
     (2) The department may revoke, terminate
or refuse to renew an operating permit if the operator:
     (a) Requests termination, provided that
all reclamation requirements in the operating permit and reclamation plan have
been satisfied;
     (b) Fails to pay a fee as required by ORS
517.800 within 60 days of the due date;
     (c) Fails to provide or maintain a bond or
security as required by ORS 517.810;
     (d) Fails to comply with an order issued
under ORS 517.860; or
     (e) Fails to comply with a suspension
order issued under ORS 517.880.
     (3) If an operating permit is revoked,
terminated or not renewed, the operator may not perform any actions at the
permitted site, except that the operator may, after receiving written approval
from the department:
     (a) Perform actions at the permitted site
that are necessary to comply with reclamation requirements in the operating permit
or reclamation plan, including but not limited to removal of mining-related
stockpiles;
     (b) Excavate materials at the permitted
site that are necessary for reclamation; and
     (c) Remove any excavated materials from
buffers, setbacks or other areas not approved for disturbance and restore the
areas to the approximate pre-mining contours with materials approved by the
department.
     (4) The department, in lieu of or in
addition to revoking, terminating or refusing to renew an operating permit for
the reasons specified in subsection (2) of this section, may recover against
the bond or security filed pursuant to ORS 517.810 and reclaim the area
affected by surface mining. [2007 c.318 §2]
     517.865
Effect of failure to perform reclamation and insufficient bond; lien; notice;
priority; foreclosure. (1)
If an operator fails to faithfully perform the reclamation required by the
reclamation plan and if the bond or security required by ORS 517.810 is not
sufficient to compensate the State Department of Geology and Mineral Industries
for all reasonably necessary costs and expenses incurred by it in reclaiming
the surface-mined land, the amount due shall be a lien in favor of the
department upon all property, whether real or personal, belonging to the
operator. However, for any operator that is first issued a permit after June
30, 1989, the lien shall not exceed $2,500 for each site plus $1,500 per acre.
     (2) The lien shall attach upon the filing
of a notice of claim of lien with the county clerk of the county in which the
property is located. The notice of lien claim shall contain a true statement of
the demand, the insufficiency of the bond or security to compensate the
department and the failure of the operator to perform the reclamation required.
     (3) The lien created by this section is
prior to all other liens and encumbrances, except that the lien shall have
equal priority with tax liens.
     (4) The lien created by this section may
be foreclosed by a suit in the circuit court in the manner provided by law for
the foreclosure of other liens on real or personal property. [1975 c.724 §8;
1983 c.497 §3; 1985 c.291 §4; 1987 c.361 §7; 1999 c.492 §6; 2007 c.318 §19]
     517.870
Adjustment of bond or security of operator upon satisfactory completion of
reclamation work. Upon request
of the operator, and when in the judgment of the State Department of Geology
and Mineral Industries the reclamation has been completed in accordance with
the reclamation plan, the operator shall be notified that the work has been
found to be satisfactorily performed and is acceptable and the bond or security
of the operator shall be adjusted accordingly. [1971 c.719 §11; 1999 c.492 §7;
2007 c.318 §20]
     517.880
Order for suspension of surface mining operation operating without required
permit; enjoining operation upon failure of operator to comply; completion of reclamation
by department. (1) When the
State Department of Geology and Mineral Industries finds that an operator is
conducting a surface mining operation for which an operating permit is required
by ORS 517.702 to 517.989 or by rules adopted by the department, but has not
been issued by the department, the department may issue an order to the
operator to suspend the operation until an operating permit has been issued by
the department for the surface mining operation or until the department is
assured that the operator will comply with the requirement to obtain a permit.
     (2) The department may issue an order to
an operator to suspend operations if the operator has not complied with or is
not complying with the operating permit, reclamation plan, this chapter or
rules of the department. Failure to comply includes, but is not limited to,
disturbing land within the permit boundary that has not been approved by the
department for excavation, placement of debris or removal of vegetation.
     (3) If the operator fails or refuses to
comply with a suspension order, the Attorney General, at the request of the
department, shall initiate any necessary legal proceeding to enjoin the surface
mining operation and to provide for completion of the reclamation of the lands
affected by the operation, including the restoration of buffers, setbacks or
other areas not approved for disturbance. [1971 c.719 §12; 1985 c.292 §12; 1997
c.183 §3; 2007 c.318 §12]
     517.890
Review of final determination.
Any final determinations made by the State Department of Geology and Mineral
Industries in carrying out the provisions of ORS 517.702 to 517.989 and the
rules and regulations adopted thereunder may be reviewed in the manner provided
by the applicable provisions of ORS chapter 183. [1971 c.719 §13; 1985 c.292 §13;
1999 c.492 §8]
     517.900 [1971 c.719 §14; 1985 c.292 §14; repealed by
1999 c.492 §9 (517.901 enacted in lieu of 517.900)]
     517.901
Confidentiality of production records, mineral assessments and trade secrets. Any production records, mineral assessments
and trade secrets submitted by a mine operator or landowner to the State
Department of Geology and Mineral Industries shall be confidential. [1999 c.492
§10 (enacted in lieu of 517.900)]
(Nonaggregate
Mineral Surface Mines)
     517.905
Applicability of ORS 517.910 to 517.989. (1) ORS 517.910 to 517.989 only apply to surface mines for
nonaggregate minerals that do not have a valid operating permit, a certificate
of limited exemption or a certificate of total exemption based on the
inactivity of a limited exempt site on August 16, 1981.
     (2) ORS 517.910 to 517.989 do not apply to
placer mining for gold or silver in which less than 5,000 cubic yards of
material per year are extracted. [1981 c.622 §15]
     517.910
Definitions for ORS 517.910 to 517.989. For the purposes of ORS 517.910 to 517.989:
     (1) Notwithstanding ORS 517.750 (12), “reclamation”
means the employment in a surface mining operation of procedures reasonably
designed to minimize as much as practicable the disruption from the surface
mining operation or surface mining processing operation, including cyanide
leaching or any other chemical leaching processing at a processing site removed
from the mining site and to provide for the rehabilitation of any such surface
resources through the use of plant cover, soil stability techniques, and
through the use of measures to protect the surface and subsurface water
resources, including but not limited to domestic water use and agricultural
water use, and other measures appropriate to the subsequent beneficial use of
any land or water resource affected by a surface mining or processing
operation.
     (2) “Nonaggregate minerals” means coal and
metal-bearing ores, including but not limited to ores that contain nickel,
cobalt, lead, zinc, gold, molybdenum, uranium, silver, aluminum, chrome, copper
or mercury. [1981 c.622 §3; 1987 c.158 §113; 1987 c.693 §5; 1989 c.347 §14;
1999 c.353 §8; 2007 c.318 §21]
     517.915
Additional operating permit requirements for nonaggregate mineral mines; denial
of permit if reclamation not possible. (1) In addition to any other provision of law, the State Department of
Geology and Mineral Industries shall not issue an operating permit until:
     (a) The department has received a
reclamation plan that contains but is not limited to:
     (A) A description of the proposed mining
operation;
     (B) A description of what is to be mined;
     (C) The present use of the land, the
planned subsequent beneficial use of the land and a list of plant species to be
established;
     (D) The measures that will adequately
conserve the quantity and quality of the affected aquifers;
     (E) A description of any toxic or
radioactive materials known to be present in the ore, spoil, tailings,
overburden or any other material involved in the mining operation and their
approximate concentrations;
     (F) A description of how the materials
described in subparagraph (E) of this paragraph will be handled during mining
and reclamation;
     (G) Environmental baseline information as
may be required by the department; and
     (H) The name and address of the landowner,
the owner of the surface estate, the operator and any parent corporations of
the operator.
     (b) The department has received a
performance bond as it may require.
     (c) The department finds that reclamation
is possible and that the reclamation plan as approved will achieve the
reclamation of affected lands.
     (2) The reclamation plan, minus
proprietary information, is a public document.
     (3) If the department finds that
reclamation cannot be accomplished, it shall not issue an operating permit.
     (4) The department shall obtain, whenever
possible, a list of plant species suitable for reseeding in the area pursuant
to a reclamation plan and comments on the feasibility of permanent revegetation
from the soil and water conservation district in which the mined land is
situated.
     (5) The department shall consult with the
soil and water conservation district in which the mined land is situated
regarding the feasibility of reclamation, with particular attention to possible
impacts on ground water aquifers. [1981 c.622 §§4,5,9; 1985 c.292 §18; 1987
c.361 §3]
     517.920
Permit application fees under ORS 517.910 to 517.989. (1) Each application for an operating permit
under ORS 517.910 to 517.989 or exploration permit under this section and ORS
517.702 to 517.755, 517.790, 517.810 and 517.910 shall be accompanied by a fee
sufficient to cover the costs of the State Department of Geology and Mineral
Industries in processing the application and monitoring compliance as
determined by the department.
     (2) If the application is for a chemical
process mine, the application shall be accompanied by an additional fee at each
stage of the process sufficient to cover the costs of the department in
maintaining a regulatory permit program that allows for the extraction and
processing of metals. [1981 c.622 §8; 1989 c.347 §15; 1989 c.461 §2; 1991 c.735
§30]
     517.925
Time limit for action on permit application. The State Department of Geology and Mineral Industries shall have 120
days to act upon a completed permit application. [1981 c.622 §6]
     517.930
Department inspection. (1)
Notwithstanding ORS 517.850, if the State Department of Geology and Mineral
Industries has reason to believe that the provisions of an operating permit are
being violated or that a surface mining operation is being conducted without a
valid operating permit, it may inspect such surface mining areas without prior
notice.
     (2) In addition to the department’s
authority to inspect under ORS 517.850 and subsection (1) of this section, for
a chemical process mine operating under a permit issued under ORS 517.952 to
517.989, a cooperating agency also may inspect the mining operation to assure
that the operator is complying with conditions imposed on the operating permit
by the cooperating agency under ORS 517.982 (2). [1981 c.622 §7; 1991 c.735 §31;
2007 c.318 §22]
     517.935
Limit on reclamation lien by department against nonaggregate mineral operator. Notwithstanding ORS 517.865, for the
purposes of ORS 517.910 to 517.989 the amount due on the lien under ORS 517.865
(1) shall not exceed $10,000 per acre. [1981 c.622 §12]
     517.940
Reclamation expenditure by department. Notwithstanding ORS 517.860, for the purposes of ORS 517.910 to 517.989
the expenditure by the State Department of Geology and Mineral Industries for
reclamation not completed by the operator shall not exceed $10,000 per acre. [1981
c.622 §11; 1985 c.291 §5; 2007 c.318 §23]
     517.945 [1981 c.622 §13; repealed by 1999 c.353 §9]
     517.947 [1987 c.693 §§2, 3; 1989 c.171 §68; repealed
by 1991 c.735 §39]
     517.949
[1987 c.693 §4; repealed by
1991 c.735 §39]
     517.950
Bond or security deposit for nonaggregate mineral operating permit. (1) Notwithstanding ORS 517.810, for the purposes
of ORS 517.905 to 517.951 the bond or security deposit required shall not
exceed $10,000 per acre of land to be surface mined under the terms of the
operating permit.
     (2) The State Department of Geology and
Mineral Industries may increase the amount of the bond or security required
under subsection (1) of this section to an amount not to exceed the lower of
actual cost of reclamation or $100,000 per acre of land to be mined under the
terms of the operating permit if the operating permit applies to extraction,
processing or beneficiation techniques the result of which:
     (a) Will increase the concentration of
naturally occurring hazardous or toxic metals and minerals identified by the
governing board of the State Department of Geology and Mineral Industries under
ORS 517.840 to a significantly higher level than that occurring naturally
within the permitted site; and
     (b) Is reasonably likely to present a
threat to public health, safety or the environment.
     (3) The increased bond or security deposit
under subsection (2) of this section may be required only when the department
determines that a threat to surface or subsurface waters is reasonably likely
to exist as a result of the permitted activity. [1981 c.622 §10; 1985 c.292 §15;
1989 c.461 §3; 1995 c.79 §298; 2007 c.318 §24]
     517.951
Legislative intent not to assume exclusive jurisdiction. The Legislative Assembly declares that ORS
517.910 to 517.989 are not intended to provide the legal basis for assumption
by the State of Oregon of exclusive jurisdiction over the environmental
regulation of surface coal mining and reclamation operations described in
section 503 of the federal Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1253). [Formerly 517.955]
     Note: 517.951 was added to and made a part of
517.702 to 517.989 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
CHEMICAL
PROCESS MINING
(Generally)
     517.952
Definitions for ORS 517.702 to 517.989. As used in ORS 517.702 to 517.989:
     (1) “Affected agency” includes permitting
agencies, cooperating agencies and commenting agencies.
     (2) “Baseline data” means information
gathered to characterize the natural and cultural environments of a mining
operation site before a mining operation begins.
     (3) “Chemical process mine” means a mining
and processing operation for metal-bearing ores that uses chemicals to dissolve
metals from ore.
     (4) “Commenting agency” means any agency
that makes recommendations to the State Department of Geology and Mineral
Industries or to a permitting agency regarding permit conditions or whether to
approve or deny a permit under the consolidated application process established
under ORS 517.952 to 517.989.
     (5) “Consolidated application” means the
single application required under ORS 517.971.
     (6) “Cooperating agency” means an agency
that has statutory responsibility related to a chemical process mine but that
does not issue a permit for the mining operation.
     (7) “Environmental evaluation” means an
analysis prepared under ORS 517.979 to address specific impacts of the chemical
process mine operation to allow affected agencies to develop permit conditions.
     (8) “Mitigation” means the reduction of
adverse effects of a proposed chemical process mining operation by considering,
in the following order:
     (a) Avoiding the impact altogether by not
taking a certain action or parts of an action;
     (b) Minimizing impacts by limiting the
degree or magnitude of the action and its implementation;
     (c) Rectifying the impact by repairing,
rehabilitating or restoring the affected environment;
     (d) Reducing or eliminating the impact
over time by preservation and maintenance operations during the life of the
action by monitoring and taking appropriate corrective measures; or
     (e) Compensating for the impact by
replacing or providing comparable substitute resources or environments.
     (9) “Permitting agency” means an agency
that has a separate permitting authority for a proposed chemical process mine.
     (10) “Person” means any individual,
partnership, corporation, association, public interest organization, the State
of
     (11) “Project coordinating committee”
means the interagency governmental committee established in accordance with ORS
517.965.
     (12) “Technical review team” means the
interagency group established in accordance with ORS 517.967. [1991 c.735 §3]
     Note: Definitions for 517.702 to 517.989 are also
found in 517.750.
     517.953
Policy. Notwithstanding the
policy set forth in ORS 517.760, the Legislative Assembly finds and declares
that it is the policy of the State of Oregon to protect the environmental,
scenic, recreational, social, archaeological and historic resources of this
state from unacceptable adverse impacts that may result from chemical process
mining operations, while permitting operations that comply with the provisions
set forth in ORS 517.952 to 517.989 and assure the protection of the public
health, safety, welfare and the environment. [1991 c.735 §2]
     517.954
Application of ORS 517.952 to 517.989. ORS 517.952 to 517.989 apply only to chemical process mines for
nonaggregate minerals. ORS 517.952 to 517.989 do not apply to placer mining. [1991
c.735 §3a]
     517.955
[1981 c.622 §16; renumbered
517.951 in 1991]
(Chemical
Process Mines)
     517.956
Standards for chemical process mining operation; rules. Any chemical process mining operation in
     (1) Chemical process mining, including
extraction, processing and reclamation, shall be undertaken in a manner that
minimizes environmental damage through the use of the best available,
practicable and necessary technology to ensure compliance with environmental
standards.
     (2) Protection measures for fish and
wildlife shall be consistent with policies of the State Department of Fish and
Wildlife, including:
     (a) Protective measures to maintain an
objective of zero wildlife mortality. All chemical processing solutions and
associated waste water shall be covered or contained to preclude access by
wildlife or maintained in a condition that is not harmful to wildlife.
     (b) On-site and off-site mitigation
ensuring that there is no overall net loss of habitat value.
     (c) No loss of existing critical habitat
of any state or federally listed threatened or endangered species.
     (d) Fish and wildlife mortality shall be
reported in accordance with a monitoring and reporting plan approved by the
State Department of Fish and Wildlife.
     (e) The State Department of Fish and
Wildlife shall establish by rule standards for review of a proposed chemical
process mining operation for the purpose of developing conditions for fish and
wildlife habitat protection that satisfy the terms of this section for
inclusion in a consolidated permit by the State Department of Geology and
Mineral Industries.
     (3) Surface reclamation of a chemical
process mine site shall:
     (a) Ensure protection of human health and
safety, as well as that of livestock, fish and wildlife;
     (b) Ensure environmental protection;
     (c) Require certification to the operator,
by the State Department of Fish and Wildlife and the State Department of
Agriculture, that a self-sustaining ecosystem, comparable to undamaged
ecosystems in the area, has been established in satisfaction of the operatorÂ’s
habitat restoration obligations; and
     (d) Include backfilling or partial
backfilling as determined on a case-by-case basis by the State Department of
Geology and Mineral Industries when necessary to achieve reclamation objectives
that cannot be achieved through other mitigation activities. [1991 c.735 §4;
2003 c.14 §341; 2007 c.318 §25]
     517.957
Department coordination of activities of affected agencies. The State Department of Geology and Mineral
Industries shall coordinate the activities of the affected agencies related to
the consolidated application process established under ORS 517.952 to 517.989. [1991
c.735 §5]
     517.958
Compliance with preapplication process; purpose. Any person proposing to conduct a chemical
process mining operation shall comply with the requirements for the
preapplication process set forth in ORS 517.961 to 517.969. The purpose of such
process shall be to identify significant issues to be addressed in the
consolidated application process set forth in ORS 517.971 to 517.987. [1991
c.735 §6]
     517.959
Public notice requirements for ORS 517.952 to 517.989; fees. (1) Whenever required in ORS 517.952 to
517.989, public notice shall include information sufficient to inform the public
of the proposed activity or event and shall include:
     (a) Notification to all permitting and
cooperating agencies.
     (b) Notice by mail to each owner of
property located within one-half mile of the perimeter of the proposed site of
the mining operation. As used in this paragraph, “owner” means the owner of the
title to real property or the contract purchaser of real property of record as
shown on the last available complete tax assessment roll.
     (c) Notice by mail to persons on the
master list.
     (d) Notice by mail to mineral claimants
for claims located within one-half mile of the proposed chemical process mining
operation or as otherwise required by rule of a permitting or cooperating
agency.
     (e) Notice by publication in a newspaper
of general circulation in the state and in a local newspaper of general
circulation in the county or counties in which the proposed chemical process
mining operation is located. Notice by publication shall be given at least once
each week for two weeks immediately preceding the action.
     (2) The notice provided pursuant to this
section shall satisfy any notice requirement of an individual permitting or
cooperating agency related to a permit included in the consolidated application
process established under ORS 517.952 to 517.989.
     (3) As used in this section, “master list”
means a consolidated list of all interested parties compiled by the State
Department of Geology and Mineral Industries and each permitting and
cooperating agency and maintained by the department. Any person may request in
writing that the State Department of Geology and Mineral Industries add the
personÂ’s name to the agency master list. The State Department of Geology and
Mineral Industries may establish a procedure for establishing and maintaining
an agency master list, and the governing board of the department may establish
a fee to be paid by a person requesting to be added to the master list. The fee
shall be sufficient to defray the departmentÂ’s costs of mailing notices to
persons on the master list and maintaining the master list. [1991 c.735 §7]
     517.960
[1989 c.347 §2; renumbered
517.702 in 1991]
     517.961
Notice of intent to submit application; posting of notice. A prospective applicant for a permit to
operate a chemical process mining operation shall file with the State
Department of Geology and Mineral Industries a notice of intent to submit an
application and post copies of the notice along the perimeter of the location
of the proposed operation. The posting shall be sufficient to inform the public
of the intended action and a legal description of the proposed mining operation
location and shall comply with requirements adopted by rule by the governing
board of the department. [1991 c.735 §8]
     517.962
[1989 c.347 §3; renumbered
517.705 in 1991]
     517.963
Department duties upon receipt of notice of intent. Upon receipt of a notice of intent under ORS
517.961, the State Department of Geology and Mineral Industries shall:
     (1) Provide notice as required under ORS
517.959. The notice shall be sufficient to inform the public of the nature,
size and location of the proposed chemical process mining operation.
     (2) Activate a project coordinating
committee for the proposed mining operation and coordinate the participation of
federal agencies, affected agencies, local government agencies and the
prospective applicant in the activities of the project coordinating committee.
     (3) Activate a technical review team for
the proposed mining operation.
     (4) Identify to the prospective applicant
all permitting and cooperating agencies that will be participating in the
consolidated application process. [1991 c.735 §9]
     517.964 [1989 c.347 §4; renumbered 517.710 in 1991]
     517.965
Project coordinating committee.
A project coordinating committee shall be composed of representatives from the
State Department of Geology and Mineral Industries, all permitting and
cooperating agencies, local government agencies and affected federal agencies.
Each permitting and cooperating agency shall designate an appropriate staff
member to the committee. The project coordinating committee shall share
information and coordinate county, state and federal permitting requirements in
order to avoid contradictory requirements, facilitate the exchange of ideas,
optimize communication and avoid duplicative effort. If a chemical process mine
is proposed on federal land, the project coordinating committee shall work with
the affected federal agency in accordance with a memorandum of agreement
established by the department and the federal agency to facilitate the state
and federal application process and to coordinate the two processes to the
fullest extent possible. In carrying out its responsibilities, the project
coordinating committee shall include opportunities for public participation. [1991
c.735 §10]
     517.966 [1989 c.347 §8; renumbered 517.715 in 1991]
     517.967
Technical review team. (1) A
technical review team shall be composed of representatives from the State
Department of Geology and Mineral Industries and each permitting agency and
cooperating agency. The technical review team shall:
     (a) Establish methodology guidelines to be
followed in the collection of baseline data;
     (b) Coordinate with the applicant the use
of baseline data collection methodologies as approved by the permitting and
cooperating agencies; and
     (c) Determine whether the chemical process
mining operation as proposed in the consolidated application complies with the
standards established in ORS 517.956 and any other applicable requirements for
a permit listed under ORS 517.971.
     (2) Each permitting agency and cooperating
agency shall designate an appropriate staff member to serve on the technical
review team. [1991 c.735 §11]
     517.968 [1989 c.347 §6; renumbered 517.720 in 1991]
     517.969
Collection of baseline data; public informational meetings; collection
methodology. (1) Upon
receipt of notice from a prospective applicant that the prospective applicant
is ready to begin collecting baseline data, the State Department of Geology and
Mineral Industries shall:
     (a) Provide notice in accordance with ORS
517.959 that the prospective applicant intends to begin baseline data
collection and the location where additional background information may be
obtained or reviewed.
     (b) Within 30 days after receiving the
notice from the applicant, conduct two public information meetings. One public
meeting shall be conducted in the population center closest to the site of the
proposed mining operation and one public meeting shall be conducted in a major
population center for the state, as determined by State Department of Geology
and Mineral Industries.
     (c) Receive written comments from the
public and affected agencies for 45 days after receiving notice under this
subsection.
     (2) The purpose of the public
informational meetings and public comment period under subsection (1) of this
section shall be to:
     (a) Identify the issues raised by the
proposed chemical process mining operation;
     (b) Receive information from the public
that the State Department of Geology and Mineral Industries and the permitting
and cooperating agencies may need to know in order to evaluate the application;
and
     (c) Determine the data that should be
collected during the baseline data collection phase of the consolidated
application process to address the issues identified.
     (3) Upon receipt of notice under
subsection (1) of this section, the technical review team activated under ORS
517.963 shall determine the specific methodologies to be applied by the
applicant in collecting baseline data.
     (4) The applicant shall collect data
according to the methodology established by the permitting and cooperating
agencies through the technical review team. The data collected shall be
verified by the appropriate agency in accordance with procedures adopted by the
agency. [1991 c.735 §12]
     517.970 [1989 c.347 §5; renumbered 517.725 in 1991]
     517.971
Consolidated application.
Each applicant for a permit to operate a chemical process mining operation
shall submit a consolidated application to the State Department of Geology and
Mineral Industries. The department and the permitting and cooperating agencies
shall not begin deliberating on whether to issue a permit until the department
receives an application fee and a complete consolidated application that
includes but is not limited to:
     (1) Name and location of the proposed
facility.
     (2) Name, mailing address and phone number
of the applicant and a registered agent for the applicant.
     (3) The legal structure of the applicant
as filed in the business registry with the Secretary of State and the legal
residence of the applicant.
     (4) Mineral and surface ownership status
of the proposed facility.
     (5) Baseline data, including but not
limited to environmental, socioeconomic, historical, archaeological conditions,
land use designations and special use designations in the area of the state in
which the proposed chemical process mining operation is located.
     (6) Appropriate maps, aerial photos,
cross-sections, plans and documentation.
     (7) A proposed:
     (a) Mine plan;
     (b) Processing plan;
     (c) Water budget;
     (d) Fish and wildlife protection and
mitigation plan;
     (e) Operational monitoring and reporting
plan;
     (f) Reclamation and closure plan;
     (g) Plan for controlling water runoff and
run on;
     (h) Operating plan;
     (i) Solid and hazardous waste management
plan;
     (j) Plan for transporting and storing
toxic chemicals;
     (k) Employee training plan as required by
agency rule;
     (L) Seasonal or short term closure plan;
     (m) Spill prevention and credible accident
contingency plan;
     (n) Post-closure monitoring and reporting
plan; and
     (o) Identification of special natural
areas, including but not limited to areas designated as areas of critical
environmental concern, research natural areas, outstanding natural areas and
areas designated by the Oregon Natural Heritage Plan, as defined in state rules
and federal regulations.
     (8) All information required by the
permitting agencies to determine whether to issue or deny the following permits
as applicable to the proposed operation:
     (a) Surface mining operating permits
required under ORS 517.790 and 517.915;
     (b) Fill and removal permits required
under ORS 196.600 to 196.905;
     (c) Permits to appropriate surface water
or ground water under ORS 537.130 and 537.615, to store water under ORS 537.400
and impoundment structure approval under ORS 540.350 to 540.390;
     (d) National Pollutant Discharge
Elimination System permit under ORS 468B.050;
     (e) Water pollution control facility
permit under ORS 468B.050;
     (f) Air contaminant discharge permit under
ORS 468A.040 to 468A.060;
     (g) Solid waste disposal permit under ORS
459.205;
     (h) Permit for use of power driven
machinery on forestland under ORS 477.625;
     (i) Permit for placing explosives or
harmful substances in waters of the state under ORS 509.140;
     (j) Hazardous waste storage permit under
ORS 466.005 to 466.385;
     (k) Local land use permits; and
     (L) Any other state permit required for
the proposed chemical process mining operation.
     (9) All other information required by the
department, a permitting agency, a cooperating agency or the technical review
team. [1991 c.735 §13; 1995 c.605 §3]
     517.972 [1989 c.347 §7; renumbered 517.730 in 1991]
     517.973
Fees; payment of expenses of department and permitting and cooperating
agencies. (1) In addition to
any permit fee required by any other permitting agency, each consolidated
application under ORS 517.971 shall be accompanied by an initial fee
established by the State Geologist in an amount not to exceed $606.
     (2)(a) Annually on the anniversary date of
the issuance of each such operating permit, each holder of an operating permit
shall pay to the State Department of Geology and Mineral Industries a fee
established by the State Geologist in an amount not less than $456.
     (b) In addition to the fee prescribed in
paragraph (a) of this subsection, the department may charge an additional
amount not to exceed $200 for inspections made at sites:
     (A) Where surface mining was conducted
without the permit required by ORS 517.790;
     (B) Where surface mining has been
abandoned; or
     (C) Where surface mining was conducted in
an area not described in the surface mining permit.
     (3) Subject to the provisions of
subsection (5) of this section, the applicant shall pay all expenses incurred
by the department and the permitting and cooperating agencies related to the
consolidated application process under ORS 517.952 to 517.989. These expenses
may include legal expenses, expenses incurred in processing and evaluating the
consolidated application, issuing a permit or final order and expenses of
hiring a third party contractor under ORS 517.979 and 517.980.
     (4) Every applicant submitting a
consolidated application under ORS 517.952 to 517.989 shall submit the fee
required under subsection (1) of this section to the department at the same
time as the consolidated application is filed under ORS 517.971. To the extent
possible, the full cost of the process set forth in ORS 517.952 to 517.989
shall be paid from the application fee paid under this section. However, if
such costs exceed the fee, the applicant shall pay any excess costs shown in an
itemized statement prepared by the department. In no event shall the department
and permitting and cooperating agencies incur evaluation expenses in excess of
110 percent of the fee initially paid unless the department provides prior
notification to the applicant and a detailed projected budget the department
believes necessary to complete the process or a portion of the process under
ORS 517.952 to 517.989. If the costs are less than the fee paid, the excess
shall be refunded to the applicant.
     (5) All expenses incurred by the
department and the permitting and cooperating agencies under ORS 517.952 to
517.989 that are charged to or allocated to the fee paid by an applicant shall
be necessary, just and reasonable. Upon request, the department shall provide a
detailed justification for all charges to the applicant. [1991 c.735 §13a]
     517.974 [1989 c.347 §9; renumbered 517.735 in 1991]
     517.975
Distribution of completed consolidated application; notice of receipt of application. Upon receipt of a completed consolidated
application, the State Department of Geology and Mineral Industries shall:
     (1) Provide copies of the application to
each affected local government, permitting agency, cooperating agency or
federal agency.
     (2) Provide notice of the receipt of the
consolidated application in accordance with ORS 517.959. The notice shall
include information about the opportunity for submitting written comments on
the application and about the public hearing conducted as required under ORS
517.977. [1991 c.735 §14]
     517.976 [1989 c.347 §16; renumbered 517.740 in 1991]
     517.977
Preparation of draft permits; public hearing; determination of completeness of
consolidated application.
(1) When all members of the technical review team concur that the permitting
agencies and the cooperating agencies are ready to begin preparing draft
permits, the State Department of Geology and Mineral Industries shall conduct a
public hearing and accept written comments on whether the information contained
in the consolidated application is complete and sufficient to allow the
permitting agencies to determine whether to issue a permit. The date and
location of the public hearing and the period allowed for written comment shall
be established by the department. Notice of the public hearing and comment
period shall be given in accordance with ORS 517.959.
     (2) At the conclusion of the public
hearing and comment period under subsection (1) of this section and within 90
days after the State Department of Geology and Mineral Industries receives a
consolidated application for a chemical process mining operation, the
department, in conjunction with all permitting and cooperating agencies, shall
make a determination of whether the application is complete. On the basis of
the determination the department shall either:
     (a) If the permitting and cooperating
agencies determine that the consolidated application is complete, issue a
notice to proceed with the permitting process and the preparation of draft
permits; or
     (b) If the permitting and cooperating
agencies determine that additional information is necessary, notify the
applicant of the additional information that is required.
     (3) If the permitting and cooperating
agencies do not require the applicant to provide additional information as
suggested at the public hearing or comment period under subsection (1) of this
section, the agencies shall prepare a written response explaining why the
additional information is not being requested from the applicant.
     (4) Upon receipt of any additional
information requested, the State Department of Geology and Mineral Industries
shall accept public comments related to the additional information for a period
of two weeks. Except as provided in ORS 517.978, the department shall not
conduct additional public hearings. [1991 c.735 §15]
     517.978
Review of application; additional information. (1) After the State Department of Geology
and Mineral Industries issues a notice to proceed, the consolidated application
shall be considered complete unless:
     (a) New information is available that
could not have been presented at the time of the completeness hearing; or
     (b) Additional information is necessary to
allow the permitting or cooperating agencies to make a determination regarding
whether to issue or deny a permit or to issue the permit with conditions
attached.
     (2) The permitting and cooperating
agencies may continue to review an application while in the process of
requesting additional information. However, the department shall conduct an
additional public hearing under ORS 517.977 if the agencies determine that
additional information is significant to the issuance or denial of a permit. [1991
c.735 §16]
     517.979
Environmental evaluation; review of baseline data; payment of costs of third
party contractor. (1) The
State Department of Geology and Mineral Industries shall direct staff or shall
hire a third party contractor to:
     (a) Prepare an environmental evaluation;
     (b) Review baseline data submitted by the
applicant; and
     (c) Review application material if a
permitting agency or a cooperating agency lacks the expertise.
     (2) The applicant shall pay costs of
hiring a third party contractor. If the applicant shows cause why a particular
third party contractor should not be allowed to perform a function under
subsection (1) of this section, the department shall hire an alternate
contractor.
     (3) The contents of the environmental
evaluation under subsection (1) of this section shall include:
     (a) An analysis of the reasonably
foreseeable impacts of an activity including catastrophic consequences even if
the probability of occurrence is low, if the analysis is supported by credible
scientific evidence, is not based on pure conjecture and is within the rule of
reason.
     (b) An assessment of the total cumulative
impact on the environment that results from the incremental impact of an action
when added with other past, present and reasonably foreseeable future actions,
regardless of the agency or persons that undertake the other action, or whether
the actions are on private, state or federal land. To the extent possible, the
department shall enter into a memorandum of agreement with federal agencies to
insure that information required by the state in evaluating the cumulative
impact of a proposed chemical process mine may be used by the applicant to
satisfy federal requirements for such an assessment.
     (c) A review and analysis of alternatives
analyzed by the applicant or a contractor hired by the applicant that:
     (A) Rigorously explores and objectively
evaluates all reasonable alternatives and briefly discusses alternatives that
were eliminated and the reasons the alternatives were eliminated;
     (B) Treats each alternative, including the
proposed action, in detail so that the permitting agencies, cooperating
agencies and the public may evaluate the comparative merits of the
alternatives; and
     (C) Identifies all alternatives within the
authority of each permitting or cooperating agency.
     (4) Upon completion of the environmental
evaluation, the State Department of Geology and Mineral Industries shall
provide notice in accordance with ORS 517.959. The notice shall state that the
environmental evaluation is complete and that the persons may respond with
written comments for a period of two weeks after the notice is given. [1991
c.735 §17]
     517.980
Socioeconomic impact analysis.
Concurrent with the development of the environmental evaluation, the State
Department of Geology and Mineral Industries shall direct staff or hire a third
party contractor to prepare a socioeconomic impact analysis for the use of the
applicant, local government and affected agencies. [1991 c.735 §18]
     517.981
Draft permit and permit conditions; denial of permit; time limits; public
hearing on draft permit. (1)
Within 225 days after receiving the completed consolidated application and the
environmental evaluation conducted under ORS 517.979, each permitting agency
shall provide its draft permit and permit conditions or its denial document to
the State Department of Geology and Mineral Industries. If a permitting agency
includes in its draft permit a condition that is inconsistent with the
environmental evaluation conducted pursuant to ORS 517.979, the agency shall
include with its draft permit a written explanation of the condition setting
forth the findings of the agency that support the condition. The State
Department of Geology and Mineral Industries shall assure that the conditions
imposed on the permits by the cooperating agencies do not conflict. If the
department finds a conflict exists, the technical review team shall resolve the
conflict.
     (2) Within 15 days after receiving all
draft permits and the completion of its draft operating permit, the State
Department of Geology and Mineral Industries shall issue notice of an opportunity
for public comment and a consolidated public hearing on all draft permits. The
public hearing shall occur not sooner than 45 days after the department issues
the notice. The notice shall be issued in accordance with ORS 517.959. [1991
c.735 §19]
     517.982
Final permits; permit conditions submitted by cooperating agencies. (1) Based on information received at the
consolidated public hearing, from persons submitting written comments,
commenting agencies and the review of the affected agencies, each permitting
agency shall, within 45 days after the consolidated public hearing under ORS
517.981 or within the time period required by any applicable federal law,
whichever is sooner, approve, deny or modify the agencyÂ’s permit with
conditions necessary to assure that the chemical process mining operation
allowed under a permit complies with the standards and requirements applicable
to the permit.
     (2) Each cooperating agency shall develop
permit conditions within the expertise and authority of the cooperating agency
and submit the permit conditions to the State Department of Geology and Mineral
Industries to be included as conditions on the departmentÂ’s permit. The
department shall not issue a permit until each cooperating agency has submitted
a written concurrence with the terms and conditions of the permit as such
pertain to the statutory responsibility of each cooperating agency.
     (3) Upon completion of the permits, the
department shall issue a notice in accordance with ORS 517.959 to notify
interested persons that the final permits are issued. [1991 c.735 §20]
     517.983
Consolidated contested case hearing; judicial review; stay of permit. (1) The applicant or any person who appeared
before a permitting agency at the consolidated public hearing under ORS 517.981,
either orally or in writing, regarding a permit granted or denied by the
permitting agency may file with the State Geologist a written request for a
consolidated contested case hearing. The request shall be filed within 30 days
after the date the permit was granted or denied.
     (2) Upon receipt of a request under
subsection (1) of this section, the State Department of Geology and Mineral
Industries shall schedule a consolidated contested case hearing which shall be
held not less than 60 days or more than 75 days after the notice of permit
issuance under ORS 517.982. The hearing shall be conducted in accordance with
the provisions applicable to contested case proceedings under ORS chapter 183.
Any permit granted by a permitting agency shall be suspended until completion
of the administrative hearings process.
     (3) Hearings under this section shall be
conducted by an administrative law judge assigned from the Office of
Administrative Hearings established under ORS 183.605.
     (4) The administrative law judge shall
prepare a proposed order for each contested permit. A party may file written
exceptions to the proposed order with the permitting agency. If the permitting
agency determines that additional information may be included in the record,
the agency shall remand the order to the appropriate administrative law judge
for further consideration. After receiving exceptions and hearing argument on
the exceptions, the governing body or person within the permitting agency
responsible for making a final decision on a permit may adopt the proposed
order or issue a new order.
     (5) Jurisdiction for judicial review of a
permitting agencyÂ’s issuance or denial of a permit is conferred upon the
Supreme Court. Proceedings for review shall be instituted by filing a petition
in the Supreme Court. The petition shall be filed within 60 days following the
date the permit is issued or denied. If the permit with prescribed conditions
is approved, the filing of the petition for review shall stay the permit during
the pendency of judicial review for a period of up to six months from the date
the petition for review is filed. The Supreme Court may extend the stay beyond
the six-month period upon written request and a showing by the petitioner that
the activities under the permit could result in irreparable harm to the site.
Except as otherwise provided in this subsection, the review by the Supreme
Court shall be as provided in ORS 183.482. The Supreme Court shall give
priority on its docket to such a petition for review.
     (6) When only the applicant files a
petition for judicial review, the six-month stay imposed under subsection (5)
of this section may be removed by the permitting agency upon written request
within 60 days after the filing of the petition and a showing by the applicant
to support a finding by the permitting agency that proceeding with any or all
activities under the permit will not result in irreparable harm to the site. In
making such findings the permitting agency may require an additional bond or
alternative security to be filed with the State Department of Geology and
Mineral Industries as provided in ORS 517.987. The bond shall be in an amount
the permitting agency determines necessary to assure complete restoration of
the site if the petitioner elects not to complete the project following
judicial review. Agency denial of the request to remove the stay is subject to
review by the Supreme Court under such rules as the Supreme Court may
establish. [1991 c.735 §21; 1999 c.849 §§104a,104c; 2003 c.75 §44]
     517.984
Modification of permit; project coordinating committee. (1) The operator, the State Department of
Geology and Mineral Industries, any other permitting agency or a cooperating
agency may request modification of a permit issued under the process
established under ORS 517.952 to 517.989.
     (2) If a permitting agency is requested to
make a permit modification that the permitting agency or a cooperating agency
finds is a significant permit modification under the provisions of ORS 517.952
to 517.989, the agency shall notify the State Department of Geology and Mineral
Industries. The department shall coordinate the organization of a project
coordinating committee. The project coordinating committee shall review the
proposed modification and determine those portions of ORS 517.952 to 517.989
with which the applicant must comply. The decision of the project review
committee shall be:
     (a) Limited to those portions of the
chemical process mine operation to be modified; and
     (b) Consistent with public participation
as set forth in ORS 517.952 to 517.989. [1991 c.735 §22; 2007 c.318 §26]
     517.985
Rulemaking. In accordance
with applicable provisions of ORS chapter 183, the governing board of the State
Department of Geology and Mineral Industries shall adopt rules necessary to
implement the provisions of ORS 517.952 to 517.989. The rules shall include but
need not be limited to:
     (1) The information required to be
submitted in a notice of intent;
     (2) The fee that the department may
collect from a person requesting inclusion on the master list under ORS
517.959; and
     (3) The form and content of the
consolidated application. [1991 c.735 §23]
     517.986
Time limit for final action on permit subject to consolidated application
process. Notwithstanding any
other provision of law, the State Department of Geology and Mineral Industries
and any other permitting agency shall take final action to issue or deny a
permit subject to the consolidated application process set forth in ORS 517.952
to 517.989 within one year after issuance of a notice to proceed under ORS
517.977. However, with the concurrence of the applicant, the processing of the
application may be suspended for a period of time to allow the applicant to
resolve issues having a bearing on, or necessary to any permitting agencyÂ’s
decision or the departmentÂ’s decision on whether to issue or deny a permit. [1991
c.735 §24]
     517.987
Reclamation bond or security; annual assessment of cost of reclamation; lien;
release of security; post-reclamation security. (1) At the time of submitting a consolidated
application under ORS 517.971, the applicant shall estimate the total cost of
reclamation consistent with the standards imposed under ORS 517.702 to 517.989.
Using the reclamation estimate and a credible accident analysis as a guide, the
State Department of Geology and Mineral Industries shall make an initial
determination as to the amount of the reclamation bond necessary to protect
human health and the environment. The department shall distribute a bond
proposal to all permitting and cooperating agencies. The amount of the bond
that the department may require to cover the actual cost of reclamation shall
not be limited.
     (2) The reclamation bond or alternative
security acceptable to the department shall be posted before the start of
mining operations. The bond shall be issued by a bonding company licensed to
operate in
     (3) The department shall assess annually
the overall cost of reclamation. If changes in the operation or modifications
to a permit cause the cost of reclamation to exceed the amount of the
reclamation bond currently held by the state, the operator shall post an
additional bond for the difference. All reclamation calculations shall be approved
by the department. Incremental surety increases shall be provided for, with the
level of surety being consistent with the degree and forms of surface
disturbance anticipated within a time period specified by the department. When
the actual surface area to be disturbed approaches the level expected by the
department, the operator shall notify the department sufficiently in advance of
reaching the acreage limit specified to allow for a review of surety
requirements and posting of additional surety by the operator prior to
exceeding the acreage limit set by the department.
     (4) If reclamation costs will exceed the
posted bond and the operator does not increase the bond amount, the department
and other permitting agencies shall suspend all permits until the operator
posts the additional bond security.
     (5) The department may seek a lien against
the assets of the operator to cover the cost of reclamation if the bond posted
is insufficient. The amount of the lien shall be the amount of the costs
incurred by the department to complete reclamation. All current operating
permits of the operator shall be suspended and the department shall deny
immediately all pending applications of the operator to conduct mining
operations.
     (6)(a) The operator shall submit to the
department a written request for the release of its reclamation bond. If the
operator has conducted concurrent reclamation, the operator shall submit an
application for bond reduction which estimates the percentage of reclamation
done to date and the corresponding percentage of reclamation funds that the
operator believes should be returned. A bond release or reduction request shall
state in unambiguous terms all measures taken to reclaim the site and any
problem or potential problems that may inhibit reclamation in accordance with
permit requirements.
     (b) The department shall distribute the
request to each permitting or cooperating agency, to members of the public who
participated in the consolidated application under ORS 517.952 to 517.989, and
to any person who requests notification. In addition, the department shall
publish a notice as provided in ORS 517.959 announcing receipt of a request for
bond release or bond reduction.
     (c) No sooner than 60 days after
distributing the request and providing notice of the receipt of the request,
the department shall conduct an informal public hearing to determine whether to
allow the bond release or bond reduction.
     (7) The department may require security or
an annuity for post-reclamation monitoring and care to be paid before the final
bond release. The security or annuity shall be sufficient to cover long-term
site care and monitoring needs. The department shall determine the amount of
the proposed security or annuity and distribute a proposal to all permitting and
cooperating agencies. [1991 c.735 §24a; 2007 c.318 §27]
     517.988
Permit conditions by State Department of Fish and Wildlife; violations of State
Department of Fish and Wildlife conditions. (1) The State Department of Fish and Wildlife shall develop conditions
for the protection of fish and wildlife resources that shall be included in any
permit issued by the State Department of Geology and Mineral Industries under
the process established under ORS 517.952 to 517.989.
     (2) The State Department of Fish and
Wildlife shall have the right of ingress and egress to and from a chemical
process mine operating under a permit that includes conditions imposed pursuant
to subsection (1) of this section, doing no unnecessary injury to the property
of the mine operator, to determine whether the operator is complying with such
conditions. If the State Department of Fish and Wildlife determines that a
violation has occurred, the State Department of Fish and Wildlife shall inform
the State Department of Geology and Mineral Industries of the violation and the
State Department of Geology and Mineral Industries shall cooperate with the
State Department of Fish and Wildlife to take appropriate enforcement action.
     (3) As used in this section “chemical
process mine” has the meaning given in ORS 517.952. [1991 c.735 §24b]
     Note: 517.988 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 517 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     517.989
Statutes and rules applicable to consolidated application. (1) Except as provided in subsections (2)
and (3) of this section, the State Department of Geology and Mineral Industries
and all permitting and commenting agencies shall review and take action on a
consolidated application in accordance with statutes and rules in effect at the
time the notice of intent to submit an application is filed under ORS 517.961.
     (2) Subsection (1) of this section shall
not apply to a consolidated application if:
     (a) An applicant is responsible for
unreasonable delays in the processing of the application or fails to make a
good faith effort to comply with all requirements for issuance of the permit;
     (b) Application of a statute or rule is
required under federal law or is a requirement for the state to maintain
approval of or delegation of administration of a federal program; or
     (c) The department, or a permitting agency
or commenting agency, finds that application of a rule is necessary to protect
the public from a serious threat to human health or safety.
     (3) Subsection (1) of this section shall
not apply to rules adopted by the Environmental Quality Commission on or before
January 1, 1995. [1995 c.503 §2]
PENALTIES
     517.990
Criminal penalties. (1) A
person who conducts a surface mining operation without a valid operating permit
as required by ORS 517.750 to 517.901 commits a Class A violation.
     (2) Subject to ORS 153.022, violation of
any provision of ORS 517.750 to 517.901, or any rules promulgated pursuant
thereto, or of any conditions of an operating permit is a Class A violation.
     (3) Subject to ORS 153.022, violation of
ORS 517.910 to 517.951, or any rules promulgated pursuant thereto, or of any
conditions of an operating permit for a nonaggregate surface mining operation
is punishable, upon conviction, by a fine of not more than $10,000.
     (4) Notwithstanding any other provision of
the law, a person who conducts a nonaggregate surface mining operation without
a valid operating permit as required by ORS 517.910 to 517.951 shall be
punished, upon conviction, by a fine of not more than $10,000.
     (5) A person commits a violation subject
to a fine of not more than $10,000 if the person knowingly or recklessly causes
substantial harm to human health or the environment while:
     (a) Conducting a surface mining operation
without a valid operating permit as required by ORS 517.750 to 517.901 or
517.905 to 517.951; or
     (b) Violating an operating permit, a
reclamation plan, a provision of this chapter or any rule adopted by the State
Department of Geology and Mineral Industries to carry out the provisions of
this chapter.
     (6) For purposes of this section, “substantial
harm to human health or the environment” means:
     (a) Physical injury, as defined in ORS
161.015, or risk of serious physical injury, as defined in ORS 161.015, to
humans; or
     (b) Substantial damage to wildlife,
plants, aquatic and marine life, habitat or stream buffers. [Amended by 1953
c.188 §2; subsection (3) enacted as 1957 c.580 §11; 1971 c.743 §398; subsection
(4) enacted as 1971 c.719 §18; subsections (5) and (6) enacted as 1981 c.622 §14;
1985 c.292 §1; 1987 c.260 §4; 1993 c.742 §115; 1999 c.1051 §196; 2007 c.318 §13]
     517.992
Civil penalties; rules. (1)
In addition to any other sanction authorized by law, the governing board of the
State Department of Geology and Mineral Industries may impose a civil penalty
of not less than $200 per day and not more than $50,000 per day for any
violation of ORS 517.702 to 517.989 related to a chemical process mine, of any
rules adopted under those provisions related to a chemical process mine, of any
orders issued under those provisions related to a chemical process mine or of
any conditions of a permit issued under those provisions related to a chemical
process mine. A penalty may be imposed under this section without regard to
whether the violation occurs on property covered by a permit issued under ORS
517.702 to 517.989.
     (2)(a) In addition to any other sanction
authorized by law, and subject to the limitations of paragraph (b) of this
subsection, the governing board of the State Department of Geology and Mineral
Industries may impose a civil penalty of not more than $10,000 per day for any
violation of ORS 517.702 to 517.740, 517.750 to 517.901 and 517.905 to 517.951
not related to a chemical process mine, of any rules adopted under those
provisions not related to a chemical process mine, of any orders issued under
those provisions not related to a chemical process mine or of any conditions of
a permit issued under those provisions not related to a chemical process mine.
     (b) A penalty may be imposed under this
subsection only if a landowner or operator fails to complete erosion
stabilization as required by ORS 517.775 or board rules adopted to implement
that section, if the operator has failed to comply with an order issued under
ORS 517.860 or 517.880, if the operation is being conducted in violation of
conditions imposed on an operating permit or reclamation plan pursuant to ORS
517.835 or if the operation is being conducted:
     (A) Without a permit;
     (B) Outside the permit boundary; or
     (C) Outside a permit condition regarding
boundaries, setbacks, buffers or the placement of surface mining refuse.
     (3) Civil penalties under this section
shall be imposed in the manner provided by ORS 183.745.
     (4) Failure to pay a civil penalty that
has become final under this section shall be grounds for revocation of any
permit issued under ORS 517.702 to 517.989 to the person against whom the
penalty has been assessed.
     (5) Any civil penalty received by the
State Treasurer under this section shall be deposited in the General Fund to
the credit of the Geology and Mineral Industries Account and is continuously
appropriated to the State Department of Geology and Mineral Industries to the
extent necessary for the administration and enforcement of the laws, rules and
orders under which the penalty was assessed.
     (6) A reclamation fund shall be
established into which funds not used as described in subsection (5) of this section
shall be deposited. This money shall be used by the State Department of Geology
and Mineral Industries for the purpose of the reclamation of abandoned mine and
drill sites.
     (7) When a single incident violates
statutes, rules, board orders or permit conditions administered by more than
one agency, the department shall coordinate with the other agencies having
civil penalty authority before imposing a civil penalty.
     (8) In implementing this section, the
department shall adopt rules that provide civil penalties that are commensurate
with the severity of violations.
     (9) A civil penalty may be imposed against
the board of directors and high managerial agents of a corporation if those
persons engage in, authorize, solicit, request, command or knowingly tolerate
the conduct for which the penalty is to be imposed. As used in this subsection,
“agent” and “high managerial agent” have the meanings given those terms in ORS
161.170. [1991 c.735 §24c; 1993 c.341 §1; 1997 c.183 §4; 2001 c.262 §1; 2003
c.470 §3; 2007 c.318 §14]
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CHAPTERS 518 AND 519
[Reserved for expansion]
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