justicedao/ipfs_state_laws huggingface dataset:
632-030-0020 Procedures for Applying for an Operating Permit (1) The applicant shall submit the required application forms and such additional information as may be required by the Department for each separate surface mining operation. (2) The applicant shall submit a reclamation plan as defined in OAR 632-030-0025. The reclamation plan must include a map acceptable to the Department as provided in 632-030-0015 and 632-030-0025(2). (3) The application must be accompanied by the application fee. (4) For applications on high value farmland in the Willamette Valley subject to OAR 632-030-0023, the applicant must also provide the information as outlined in OAR 632-030-0023(4). (5) The applicant must submit a performance bond or alternative form of security acceptable to the Department for the purpose of assuring performance of the reclamation plan, other requirements of ORS 517.750 to 517.900, all rules thereunder, and permit conditions. A performance bond or alternative form of security must be in effect and approved by the Department under OAR 632-030-0021 prior to any disturbance of the land. The performance bond or alternate form of financial security is not required to cover the costs of excavation required by OAR 632-030-0023(3). (6) If the applicant fails to meet the requirements of sections (1) through (5) of this rule within 12 months after the application is submitted, the application is deemed to have been withdrawn. The applicant may resubmit an application without prejudice, but the new application must be accompanied by a new application fee. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.790, ORS 517.810 & ORS 517.825 History: DGMI 1-2021, amend filed 09/20/2021, effective 10/01/2021 DGMI 1-2009, f. & cert. ef. 5-15-09 DGMI 1-2000, f. & cert. ef. 7-20-00 GMI 2-1997, f. & cert. ef. 10-14-97 GMI 1-1988, f. 3-30-88, cert. ef. 3-11-88 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 2-1982, f. & ef. 8-13-82 GMI 1-1980, f. 2-29-80, ef. 3-1-80 GMI 7, f. 11-7-74, ef. 12-11-74 GMI 5, f. 12-20-73, ef. 1-11-74
632-030-0022 Fees (1) The fees applicable to this rule division are pursuant to ORS 517.753 and 517.800. The application fee for an exclusion certificate is $80. Each holder of an exclusion certificate will annually pay to the department a renewal fee of $150 pursuant to ORS 517.753. (2) Annual fees are due on the anniversary date of the issuance of the operating permit, limited exemption certificate, or exclusion certificate unless a different renewal date is established by the Department. The Department will provide the permittee or certificate holder with 60 days advance notice before establishing a new renewal date. The Department will prorate annual fees at the permittee's or certificate holder’s request if a new renewal date is established. (3) A permittee or certificate holder must renew their permit or certificate annually, on or before the last day of the month shown on the permit or certificate as the renewal month. Operators that hold both a limited exemption certificate and an operating permit on the same property, or contiguous properties that are operated as a single mining activity, will pay a single annual renewal fee pursuant to ORS 517.800, based upon the total reported production from all sites within the parcel or contiguous parcels. The non refundable annual fee must be paid and the annual report form returned prior to renewal. A permittee or certificate holder must pay all delinquent fees and accrued interest owed to this Department prior to renewal, transfer, or amendment of the permit or certificate. (4) The Department will impose a late fee equal to five percent of the amount of any annual fee that is more than 60 days past due. (5) The fees established by this rule also apply to emergency permits issued pursuant to ORS 517. 832 and temporary operating permits issued under ORS 517.834. (6) The Department may waive the fee for a minor amendment in those situations where significant administrative resources are not needed to process the amendment. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.800 History: DGMI 2-2016, f. & cert. ef. 6-27-16 DGMI 1-2016(Temp), f. & cert. ef. 1-14-16 thru 6-30-16 DGMI 1-2009, f. & cert. ef. 5-15-09 DGMI 1-2006, f. & cert. ef. 1-10-06 DGMI 1-2005(Temp), f. & cert. ef. 8-3-05 thru 1-30-06 DGMI 3-2003, f. 8-29-03, cert. ef. 9-1-03 DGMI 2-2003, f. & cert. ef. 8-22-03 DGMI 1-2000, f. & cert. ef. 7-20-00 DGMI 1-1999, f. & cert. ef. 1-7-99 GMI 2-1997, f. & cert. ef. 10-14-97
632-030-0024 Inspections (1) As provided by ORS 517.850, the Department may, after reasonable notice, inspect any surface mining site to determine status or compliance with the Act, the rules adopted thereunder, or any permit conditions. The Department may report the results of these inspections to the permittee in writing. (2) Initial inspections will be conducted by the Department on all new sites that have not been previously inspected by the Department. On all other sites, routine inspections may be conducted by the Department. Reasons for the inspections include, but are not limited to: (a) Determining existing environmental conditions; (b) Reviewing the proposed mine operation; (c) Reviewing the proposed reclamation plan; and (d) Collecting data to calculate the amount of the reclamation bond. (3) Annual and compliance inspections may be conducted by the Department. Reasons for the inspection include, but are not limited, to: (a) Reviewing operating permit compliance; (b) Investigating complaints; and (c) Evaluating the adequacy of the amount of the bond or alternative form of security. Statutory/Other Authority: ORS 516.090(2)(a), 517.740 & 517.840(1)(d) Statutes/Other Implemented: ORS 517.830, 517.840 & 517.850 History: DGMI 1-2009, f. & cert. ef. 5-15-09 DGMI 1-1999, f. & cert. ef. 1-7-99
632-030-0026 On-Site Construction Waiver The Department may, in its discretion, waive the requirements for preparation and approval of a reclamation plan if the requirements of ORS 517.790(2)(a) through (c) are satisfied and specific plans or functionally similar requirements approved and enforced by a governmental entity are sufficient to ensure that property will be converted to the new use in a timely fashion. Statutory/Other Authority: ORS 516.090, 517.810 & 517.840 Statutes/Other Implemented: ORS 517.750 - 517.992 History: DGMI 1-2009, f. & cert. ef. 5-15-09
632-030-0033 Reclamation by the Department (1) If a mine operator fails to comply with an order issued under ORS 517.860 or 517.880, the Department may perform the reclamation outlined in the reclamation plan to the extent possible given the condition of the site. (2) The Department may perform alternative reclamation depending on site conditions. (3) The Department may reclaim the site to: (a) Eliminate or minimize hazards to the health and safety of the public; (b) Eliminate or minimize any pollution or erosion or reestablish setbacks or buffers outside the excavation boundary; (c) Mitigate impacts to natural resources by enhancing wildlife habitat or restoring a drainage; (d) Be compatible with local agency regulations or an approved secondary beneficial use and with federal and state laws. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.800 History: DGMI 1-2009, f. & cert. ef. 5-15-09 DGMI 1-2000, f. & cert. ef. 7-20-00 DGMI 1-1999, f. & cert. ef. 1-7-99
632-030-0040 Maintaining an Operating Permit (1) The Department may revoke, terminate, or refuse to renew an operating permit as provided in ORS 517.862. (2) Prior to the anniversary date of an operating permit, the operator shall submit the required annual fee and file the annual report. The annual report must include production figures that provide a legal and accurate report of all materials mined or excavated. If requested by the Department, the operator must also submit an updated site plan map. The permittee shall maintain an operating permit until mining and reclamation, including revegetation (if required), have been completed. (3) If the Department determines that the permittee has not complied or is not complying with the approved reclamation plan, permit conditions, the Act, or the rules adopted thereunder, the Department will take appropriate action including one or more of the following: a notice of violation under ORS 517.860, a compliance order under 517.860, a suspension order under ORS 517.880, recovery against the bond or alternative form of security under 517.860, and an assessment of civil penalties under 517.992. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.740 & 517.800 History: DGMI 1-2009, f. & cert. ef. 5-15-09 DGMI 1-2000, f. & cert. ef. 7-20-00 DGMI 1-1999, f. & cert. ef. 1-7-99 GMI 2-1997, f. & cert. ef. 10-14-97 GMI 1-1988, f. 3-30-88, cert. ef. 3-11-88 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 2-1982, f. & ef. 8-13-82 GMI 1-1980, f. 2-29-80, ef. 3-1-80 GMI 5, f. 12-20-73, ef. 1-11-74
632-030-0041 Permit and Exemption Transfer (1) An operating permit may be transferred as provided in ORS 517.833, subject to the following requirements: (a) A person requesting transfer must submit a completed application on a form prescribed by the Department. (b) The application must be signed by the applicant, current permittee, landowner, and mineral estate owner if different from the landowner. (c) The applicant must submit the transfer application fee as provided and not to exceed in ORS 517.800. (d) The applicant must submit a bond or alternative form of security acceptable to the Department. (2) Prior to approving a permit transfer, the Department may review the existing operating permit and reclamation plan and the transfer of the permit may be denied or conditioned based on the failure of existing operations to comply with the permit, plan, provisions of the Mined Land Reclamation Act, or these rules. In addition, the Department may review existing operations to determine whether an amendment to operating permit or reclamation plan is appropriate under ORS 517.831 or 517.835. (3) A limited exemption may be transferred subject to the following requirements: (a) A person requesting transfer must submit a completed application on a form prescribed by the Department. (b) The application must be signed by the applicant, current exemption holder, landowner, and mineral estate owner if different from the landowner. (c) The applicant must submit the transfer application processing charge not to exceed $250. Statutory/Other Authority: ORS 516.090, 517.810, 517.833 & 517.840 Statutes/Other Implemented: ORS 517.750 - 517.992 History: DGMI 1-2009, f. & cert. ef. 5-15-09
632-030-0042 Termination of Operating Permits (1) An operating permit is deemed to terminate by operation of law if any of the conditions set out in ORS 517.880 exist. The Department will notify the operator of the termination and the right to review. (2) A permittee may request termination of a permit if: (a) A permit has never been used; (b) The required local land-use approvals are denied; or (c) The requirements of an approved reclamation plan are complete. (3) Reclamation obligations incurred prior to the date of cancellation of any bond or alternative form of security continue until the site is reclaimed. Statutory/Other Authority: ORS 516.090(2)(a), 517.740 & 517.840(1)(d) Statutes/Other Implemented: ORS 517.800, 517.810 & 517.830 History: DGMI 1-2009, f. & cert. ef. 5-15-09 DGMI 1-1999, f. & cert. ef. 1-7-99
632-030-0045 Obtaining Bond Release (1) The permittee shall notify the Department in writing when the reclamation has been completed. (2) The Department will inspect the reclaimed site. If the permittee has fulfilled the requirements of the approved reclamation plan, the bond or alternative form of security will be released. The Department may authorize a reduction in the security amount if the reclamation is partially complete. Statutory/Other Authority: ORS 183.341, 197.180, 516.090(2)(a), 517.740 & 517.840(1)(d) Statutes/Other Implemented: ORS 517.810, 517.840 & 517.870 History: DGMI 1-2009, f. & cert. ef. 5-15-09 DGMI 1-1999, f. & cert. ef. 1-7-99 GMI 1-1992, f. & cert. ef. 6-17-92 GMI 1-1988, f. 3-30-88, cert. ef. 3-11-88 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 2-1982, f. & ef. 8-13-82 GMI 1-1980, f. 2-29-80, ef. 3-1-80 GMI 5, f. 12-20-73, ef. 1-11-74
632-030-0049 Emergency Operating Permits The Department may issue an emergency operating permit as authorized under ORS 517.832. An emergency operating permit is subject to the following additional limitations: (1) The emergency operating permit may not be for a term in excess of three months and may be terminated by the Department on 48-hour notice. (2) The operator may continue operations at the site after three months only if the emergency operating permit is replaced by a temporary, provisional, or regular operating permit. The operator must follow the procedures for applying for the temporary, provisional, or regular operating permit. (3) The operator is required to provide notice of the proposed emergency operating permit to all federal agencies and public bodies as defined in ORS 174.109 that may be affected by the emergency operating permit and to provide the Department with the names of the agencies and public bodies notified and the manner of notification. The Department may require additional notification or deny the emergency operating permit if it determines that the notice is inadequate. (4) The Department will not issue or will terminate an emergency operating permit upon receipt of an objection from an affected federal agency or public body. (5) An operator seeking an emergency permit must pay a fee to the Department in an amount determined by the Department be adequate to cover the additional costs for staff and other related expenses. (6) The Department may waive the requirement for a bond or alternate form of security for an emergency operating permit. Statutory/Other Authority: ORS 516.090, 517.800, 517.810, 517.832 & 517.840 Statutes/Other Implemented: ORS 517.750 - 517.992 History: DGMI 1-2009, f. & cert. ef. 5-15-09
632-030-0052 Temporary Operating Permits The Department may issue a temporary operating permit as authorized under ORS 517.834. A temporary operating permit is subject to the following additional limitations: (1) The operator must provide 14 days’ prior notice to adjacent property owners and all potentially affected federal agencies and public bodies. Public notice must be published in a newspaper that is broadly circulated in the areas adjacent to the proposed mine. Notice to property owners, federal agencies, and public bodies must be in writing and sent by U.S. mail or comparable means. The operator must provide the Department with documentation of the entities notified and the manner of notification. Notification must be in a form approved by the Department and must inform the recipients of the right to submit comments on the proposed temporary operating permit to the Department. (2) A temporary operating permit may be issued for a term not to exceed 6 months, during which time the operator must apply for a regular operating permit. The operator must cease all excavation and processing and reclaim the site if the Department has not issued a provisional or regular operating permit before the term of the temporary operating permit expires. Statutory/Other Authority: ORS 516.090, 517.810, 517.834 & 517.840 Statutes/Other Implemented: ORS 517.750 - 517.992 History: DGMI 1-2009, f. & cert. ef. 5-15-09
632-030-0056 Appeals (1) Prior to the initiation of an administrative appeal of any proposed Departmental order, notice, fee, or other proposed action made pursuant to the Act or the rules adopted thereunder, the applicant or permittee may first request that the State Geologist informally review and resolve the matter. The State Geologist will provide a written decision within 30 days of receipt of such an informal request. If the State Geologist is unable to resolve the informal request, the applicant or permittee may request a contested case hearing by the Board or its designee for final resolution of the matter. Appeals must be filed within 30 days of receipt of the proposed order, notice, other proposed action being appealed, or receipt of State Geologist written decision except as otherwise provided by OAR 632-030-0030(4) and by the applicable provisions of 183.310 through 183.550. A final determination by the Board must be made before any appeal for judicial review under ORS 183.480 is allowed. (2) An applicant or permittee requesting a hearing for consideration of any appeal of any proposed action shall state the reasons for requesting the hearing and the objections to the Department’s proposed order, notice, fee, or other proposed action in accordance with ORS 183.430–183.470. (3) The Department may suspend operations effective immediately in accordance with ORS 517.880 by issuing a suspension order. A suspension order shall be issued as a final order in other than a contested case subject to judicial review under ORS 183.484. Statutory/Other Authority: ORS 516.090(2)(a), 517.740, 517.840(4) & 517.880 Statutes/Other Implemented: ORS 517.890 History: DGMI 1-2024, amend filed 03/20/2024, effective 04/01/2024 DGMI 1-2009, f. & cert. ef. 5-15-09 DGMI 1-1999, f. & cert. ef. 1-7-99 GMI 1-1988, f. 3-30-88, cert. ef. 3-11-88 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 2-1982, f. & ef. 8-13-82 GMI 1-1980, f. 2-29-80, ef. 3-1-80 GMI 7, f. 11-7-74, ef. 12-11-74
632-030-0070 Penalty Warning; Civil Penalty (1) Applicability. This section of these rules applies to the imposition of civil penalties under ORS 517.992(2) for violations of statutes, rules, orders, and permit conditions not related to a chemical process mine. (2) Definitions. For purposes of this rule: (a) "Compliance Order" means an order issued under ORS 517.860(1)(b). The compliance order also may be used for informal disposition of proceedings through stipulation, agreed settlement, consent order, or default; (b) "Notice of Violation" means a notice issued under ORS 517.860(1)(a); (c) "Notice of Civil Penalty" means a notice that imposes a civil penalty under ORS 517.992(2); (d) "Violation" means conduct for which a penalty may be imposed under ORS 517.992(2). (3) Notice of Civil Penalty — Form and Service. A Notice of Civil Penalty shall be in a form and shall be served in the manner required by ORS 183.415. (4) Appeals — Consolidation. Any person issued a Notice of Civil Penalty shall have the right to a contested case hearing. The hearing must be requested in writing within 20 days of the date of service. (5) Civil Penalty — Classification: (a) Civil penalties imposed under ORS 517.992(2) will be coordinated with other agencies to avoid duplication of penalty for the same violation and be in accordance with the following schedule: (A) Class 1. Violation that poses no potential threat to human health, safety, or the environment: no more than $1,000 per day; (B) Class 2. Violation that poses a potential threat to human health, safety, or the environment, or repeat Class 1 Violation: no more than $3,000 per day. Potential threats to human health, safety, or the environment include, but are not limited to, actions that increase instability, erosion, or an unsafe condition at the site; (C) Class 3. Violation that poses an immediate but remediable threat to the environment or a repeat Class 2 violation: no more than $6,000 per day. For the purposes of this rule, an "immediate but remediable threat to the environment" means that without a quick response and considering such factors to include, but not limited to slope and erodibility, damage will occur and that upon remediation there will be no lasting effect of that damage. (D) Class 4. Violation that: (i) Poses an immediate threat to human health or safety; (ii) Causes actual human injury; (iii) Poses a threat to the environment that is immediate and not remediable; (iv) Causes actual damage to the environment; or (v) Is a repeat Class 3 violation: $1,000 to $10,000 per day. (b) Each day of a continuing violation may be treated as a separate violation for purposes of imposing a civil penalty. Statutory/Other Authority: ORS 516.090(2)(a), 517.740 & 517.840(1)(d) Statutes/Other Implemented: ORS 517.992 History: DGMI 1-2009, f. & cert. ef. 5-15-09 DGMI 1-1999, f. & cert. ef. 1-7-99 GMI 1-1994, f. & cert. ef. 7-21-94
632-033-0005 Purpose of These Rules and Regulations (1) For Mineral Exploration, these rules implement the purposes of the Mined Land Reclamation Act as declared by the Legislative Assembly that: (a) To provide that the usefulness, productivity, and scenic values of all lands and water resources affected by surface and underground mining within this state receive the greatest practical degree of protection and reclamation necessary for their intended subsequent use. (b) To provide for cooperation between private and government entities in carrying out the purposes of the Mined Land Reclamation Act. (c) To encourage efficient and environmentally sound identification and development of mineral resources. (2) These rules prescribe procedures for obtaining an Exploration Permit and for complying with the other requirements of the Oregon Mined Land Reclamation Act relating to exploration. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.702 History: DGMI 1-2000, f. & cert. ef. 7-20-00 GE 1-1990, f. & cert. ef. 8-3-90
632-033-0016 Exemptions (1) The following exploration activities are exempt from these rules and do not require the payment of fees, posting of bond or submittal of reclamation plans: (a) Exploration conducted solely within the beds and banks of any waters of this state are exempt from these rules when conducted pursuant to a permit issued under ORS 196.605 to 196.625 and 196.627 to 196.660. (b) Prospecting where no exploration drill hole is drilled is exempt from these rules. (c) Prospecting where exploration drilling is less than 50' deep on each hole is exempt from paying fees and the state financial security provisions of these rules, but must comply with the drill hole abandonment procedures of these rules. (2) The provisions of ORS 517.702–517.740 and OAR 632, division 33 do not apply if the applicant has obtained an Operating Permit, described in ORS 517.790 and OAR 632, division 30, for the area described in the exploration permit. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.715, 517.720 & 517.730 History: DGMI 1-2000, f. & cert. ef. 7-20-00 GE 1-1990, f. & cert. ef. 8-3-90
632-033-0035 Modification of an Exploration Permit Modification of a permit may be initiated at any time by the permittee or by the department. An Exploration Permit may be modified by approval of the department after timely notice and opportunity for review if the Department determines that modification is needed to comply with existing laws, or to accommodate unforeseen developments which may affect the reclamation or drill hole abandonment plan as previously approved. Expansion of an operation beyond the original permit area, depth or significant intensification of activity shall require permit modification. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.740 History: DGMI 1-2000, f. & cert. ef. 7-20-00 GE 1-1990, f. & cert. ef. 8-3-90