justicedao/ipfs_state_laws huggingface dataset:
632-037-0115 Judicial Review (1) A petition for judicial review of a permitting agency's issuance or denial of a permit must be filed with the Supreme Court within 60 days following the date the permit is issued or denied following the entry of an order subsequent to a consolidated contested case hearing. (2) Except as provided in section (3) of this rule, if the permit with prescribed conditions is approved, the filing of a petition for judicial review shall stay the permit during the pendency of judicial review for a period of up to six months from the date the petition 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 allowed under the permit could result in irreparable harm to the site. (3) When only the applicant files a petition for judicial review, the six-month stay imposed under section (2) of this rule may be removed by the permitting agency upon the applicant's written request within 60 days after filing of the petition and upon a showing by the applicant that supports 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. (4) In making findings under section (3) of this rule, the permitting agency may require an additional bond or alternative security to be filed with the Department as provided in ORS 517.987 and these rules. The bond or alternative security shall be in an amount the permitting agency determines necessary to ensure 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. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.983 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0118 Best Available Practicable and Necessary Technology (1) Chemical process mining including extraction, processing, and reclamation, must 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) In determining the best available, practicable, and necessary technology for use in a mining operation, the technical review team shall apply in consultation with the applicant, the following process: (a) The technical review team shall determine the necessary technologies if such technologies exist; (b) The technical review team shall determine which, if any, of the necessary technologies is available; (c) The technical review team shall determine which, if any, of the necessary and available technologies is practicable; (d) The technical review team will review, determine, and rank the necessary, available and practicable technologies by their potential environmental benefits; (e) The technical review team shall recommend to the Department, the technology that the technical review team has determined is the best available, necessary, and practicable technology to ensure compliance with environmental standards. The determination shall be made with reference to the policies expressed in ORS 517.953 and 517.956. (3) The department will require the applicant to use the best available, practicable, and necessary technology to ensure compliance with the environmental standards. The determination must be made with reference to the policies expressed in ORS 517.953 and 517.956. (4) If the technical review team or the Department is unable to identify a necessary technology that is available and practicable, the Department shall not issue an operating permit. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.956 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 4-1991, f. & cert. ef. 12-5-91
632-037-0120 Mine Operation Standards The Department shall require a mining operation to comply with the following mine operation standards: (1) Mine facilities have been designed to handle the 100-year, 24-hour precipitation event, at a minimum. (2) An interim vegetative cover of stockpiles of topsoil or overburden materials that will be used in reclamation shall be required to prevent erosion or fugitive dust release from the overburden storage or spoils area. (3) Any standard adopted by rule by any permitting or cooperating agency related to the operation of a mining operation. (4) No loss of existing critical habitat of any state or federally listed threatened or endangered plant species, as determined by the Department of Agriculture. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.956 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0125 Fish and Wildlife Standards The Department shall require a mining operation to comply with protection standards for fish and wildlife consistent with policies of the Department of Fish and Wildlife, including: (1) Protective measures to maintain an objective of zero wildlife mortality. (2) All chemical processing solutions and associated wastewater must be covered or contained to preclude access by wildlife, or maintained in a condition that is not harmful to wildlife. (3) Onsite and offsite mitigation ensuring there is no overall net loss of habitat value. (4) No loss of existing critical habitat of any state or federally listed threatened or endangered fish or wildlife species. (5) Any other standard adopted by rule by the Department of Fish and Wildlife applicable to a mining operation. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.956 & 517.987 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0140 Obtaining Financial Security Release (1) Upon completion of full reclamation, the permittee shall submit to the Department a written request for the release of its financial security. (2) If a permittee has conducted concurrent reclamation or partial reclamation following the cessation of mine operations, the request for release of financial security must include an estimate of the percentage of reclamation done to date and the corresponding percentage of reclamation funds that the permittee believes should be released. A bond release or reduction request must state in unambiguous terms all measures taken to reclaim the site and any problems or potential problems that may inhibit reclamation in accordance with permit requirements. The Department shall consider any such problems in determining the appropriate level of financial security to be maintained. (3) Upon receipt of a request to release financial security, the Department shall: (a) Issue a public notice in accordance with OAR 632-037-0030; and (b) Distribute the request to each permitting and cooperating agency, members of the public who participated in any hearing or written comment period under these rules, and to any person who requests such notification. (4) No sooner than 60 days after taking the actions required under section (3) of this rule, the Department shall conduct an informal public hearing to determine whether to allow the release or reduction of the financial security. (5) The Department may require security or an annuity for post-reclamation monitoring and care to be paid before final release of the financial security. The Department shall determine the amount of the security or annuity and distribute the proposal to all permitting and cooperating agencies. After considering the comments of such agencies, the Department shall set the amount of the security or annuity and notify the permittee. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.987 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0145 Permit Modifications (1) The permittee, the Department, or any other permitting or cooperating agency may request the modification of a permit issued under the consolidated application process at any time. (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, the agency shall notify the Department. The Department shall coordinate the organization of a project coordinating committee. (3) The project coordinating committee shall review the proposed modification and determine the portions of ORS 517.952 to 517.989 and these rules with which the permittee must comply. The Committee shall limit its determination to those portions of the mine operation to be modified and shall be consistent with the public participation requirements set forth in ORS 517.952 to 517.989 and these rules. (4) The permittee may continue to operate under its existing permit(s) pending completion of the permit modification process. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.984 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0150 Civil Penalties (1) In addition to any other sanctions authorized by law, the Governing Board of the Department may impose a civil penalty as authorized by ORS 517.992 (2) The Department shall provide a written warning of its intent to impose a civil penalty at least 48 hours prior to imposing the penalty when there is no immediate danger to human health, safety or the environment. The warning may be personally served on the person incurring the penalty or may be sent by registered or certified mail. The warning must include: (a) A reference to the particular sections of the statute, rule, order or permit involved; and (b) A short and plain statement of the matters asserted or charged. (3) A civil penalty imposed under this section is due and payable ten days after the order imposing the civil penalty becomes final by operation of law or on appeal. A person against whom a civil penalty is to be imposed shall be served with a notice in the form provided by ORS 183.415. Service of the notice shall be accomplished in the manner provided by ORS 183.415. (4) The person to whom the notice provided for in section (3) of this rule is addressed shall have 20 days from the date of service of the notice in which to make written application for a hearing. If no application for a hearing is made, the agency may make a final order imposing the penalty. (5) Any person who makes application as provided in section (4) of this rule is entitled to a hearing conducted pursuant to the applicable provisions of ORS 183.413 to 183.470. (6) A civil penalty shall be assessed under this rule in accordance with the following schedule: (a) Class 1. Potential threat to human health or safety: warning to $10,000; (b) Class 2. Immediate threat to human health or safety: warning to $25,000; (c) Class 3. Potential threat to the environment: warning to $10,000; (d) Class 4. Immediate threat to the environment; warning to $25,000; (e) Class 5. Failure to comply with laws, rules, Governing Board orders or permit conditions, with no threat to human health, safety or the environment: warning to $10,000; (f) Class 6. Damage to health, safety or the environment: $1,000–$50,000; (g) Failure to comply with prior warning or penalty (continued or repeat violation) within the following classes: (A) Class 1: $200–$10,000; (B) Class 2: $200–$50,000; (C) Class 3: $200–$50,000; (D) Class 4: $200–$50,000; (E) Class 5: $200–$50,000; (F) Class 6: $2,000–$50,000. Statutory/Other Authority: ORS 517.750–517.995 Statutes/Other Implemented: ORS 517.992 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0155 Fees (1) Permit fees are established in ORS 517.973. Pursuant to ORS 517.793, a prospective applicant or applicant also must pay the Department and permitting and cooperating agencies for all expenses incurred relating to the processing and evaluation of the consolidated application process to the extent such expenses exceed the statutory fees. Recoverable expenses include, but are not limited to, the following: (a) Baseline data methodology review; (b) Baseline data verification; (c) Public meetings, except any costs related to mailing notice to parties on the master list; (d) Completeness determination of the consolidated application, including the environmental evaluation; (e) Permit preparation, drafting and issuance; (f) Environmental evaluation, preparation and review; (g) Project administration; and (h) Legal expenses. (3) Subject to the requirements and limitations in ORS 517.973(4), the prospective applicant or applicant shall pay the expenses of the Department and each permitting and cooperating agency within 30 days after receiving an invoice itemizing the expenses. (4) With the agreement of a permitting or cooperating agency, the applicant or prospective applicant may arrange for invoices to be sent by and payments made to the Department on behalf of the permitting or cooperating agency. (5) The Department and prospective applicant or applicant may agree to procedures to resolve disputes regarding payment of expenses. (6) Subject to section (5) above, if expenses are not paid within 30 days of receiving an invoice, the Department may suspend pre-application work or decline to issue a notice to proceed under ORS 517.977. If the notice to proceed has been issued and invoices are outstanding after 30 days, the Department may deny the application unless the applicant concurs with a suspension of the permitting process under ORS 517.986. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.973 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-038-0005 Purpose The rules in this division implement the provision of ORS 517.840(1)(e) in accordance with the legislative policies for mined land reclamation established by ORS 517.760. Statutory/Other Authority: ORS 517.840(1)(E) Statutes/Other Implemented: ORS 517.840(1)(E) History: GMI 1-1995, f. & cert. ef. 1-5-95
632-038-0010 Applicability The rules in this division apply to mined land reclamation except for activities related to chemical process mining regulated under OAR 632, division 037. Statutory/Other Authority: ORS 517.840(1)(E) Statutes/Other Implemented: ORS 517.840(1)(E) History: GMI 1-1995, f. & cert. ef. 1-5-95
632-038-0020 Definitions As used in OAR 632-032-0005 to 632-032-0060, unless the context indicates otherwise: (1) “Board” means the Governing Board of the Department of Geology and Mineral Industries. (2) “Concurrent native reclamation” means reclamation of disturbed land that occurs during mining and uses native species. (3) “Department” means the Department of Geology and Mineral Industries. (4) “Financial security” means the performance bond or alternative form of financial security required under ORS 517.810. (5) “Exempt site” means mined areas exempt from the reclamation requirement of the act. (6) “Orphaned site” means an exempt site where no mining has taken place since the enactment of the Mined Land Reclamation Act of 1972. Statutory/Other Authority: ORS 517.840(1)(E) Statutes/Other Implemented: ORS 517.840(1)(E) History: GMI 1-1995, f. & cert. ef. 1-5-95
632-038-0050 Application Procedures Any person seeking incentives shall apply in writing on a form prescribed by the department. Statutory/Other Authority: ORS 517.840(1)(E) Statutes/Other Implemented: ORS 517.840(1)(E) History: GMI 1-1995, f. & cert. ef. 1-5-95
632-038-0060 Incentives The department, at its discretion, may provide one or more of the following incentives for qualifying reclamation practices. (1) Release to the press and published notice in Oregon Geology of the qualifying practice and responsible persons. (2) Nomination for Outstanding Reclamation, Outstanding Operator, or Good Neighbor awards. (3) Reduction of up to 50 percent in the amount of the financial security required for an operating permit: (a) A reduction in the amount of financial security may be provided only after the applicant has successfully completed a significant portion of qualifying practice; (b) The reduction shall be for a term not to exceed five years; (c) This incentive may be revoked at any time if the department has reasonable cause to believe that the operator has failed to comply with its operating permit or reclamation plan or is financially unstable. (4) Distribute outstanding operator list to counties. (5) Grant awards as provided by OAR 632-038-0070. Statutory/Other Authority: ORS 517.840(1)(E) Statutes/Other Implemented: ORS 517.840(1)(E) History: GMI 1-1995, f. & cert. ef. 1-5-95
632-038-0070 Grants To the extent that funds are available from sources identified in ORS 516.090(2) or voluntary settlements of enforcement actions and there is a legislative approval of expenditures, the board may award grants for qualifying reclamation practices. Statutory/Other Authority: ORS 517.840(1)(E) Statutes/Other Implemented: ORS 517.840(1)(E) History: GMI 1-1995, f. & cert. ef. 1-5-95
632-038-0080 Coordination with Private Incentive Programs The department may cooperate with private foundations, industry associations, or other entities with respect to the establishment and administration of awards or incentive programs that promote mined land reclamation in a manner that is consistent with the objectives of ORS 517.760, 517.840(1), and this division. Statutory/Other Authority: ORS 517.840(1)(E) Statutes/Other Implemented: ORS 517.840(1)(E) History: GMI 1-1995, f. & cert. ef. 1-5-95
635-001-0000 Notification of Interested Persons of Proposed Rules Prior to the adoption, amendment, or repeal of any permanent rule, the Department shall give notice of the proposed action: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date. (2) By mailing a copy of the notice to persons on the Agency’s mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule. (3) By mailing or furnishing a copy of the notice to the Associated Press. Statutory/Other Authority: ORS 183.335 & 183.360 Statutes/Other Implemented: ORS 183.335 & 183.360 History: FWC 81-1994, f. & cert. ef. 10-26-94 FWC 35, f. & ef. 1-13-76, Renumbered from 630-001-0000
635-001-0005 Model Rules of Procedure The Model Rules of Procedure under the Administrative Procedures Act, promulgated by the Attorney General and in effect January 1, 2024 are hereby adopted as the rules of procedures of the Fish and Wildlife Commission and the Department of Fish and Wildlife. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Department of Fish and Wildlife.] Statutory/Other Authority: ORS 183.341(2) Statutes/Other Implemented: ORS 183.341 History: DFW 97-2024, amend filed 10/17/2024, effective 10/17/2024 DFW 4-2006, f. & cert. ef. 2-15-06 DFW 50-2004, f. & cert. ef. 6-2-04 DFW 83-2003, f. & cert. ef. 8-28-03 DFW 1-2002, f. & cert. ef. 1-3-02 FWC 8-1994, f. & cert. ef. 2-7-94 FWC 28-1992, f. & cert. ef. 4-22-92 FWC 112-1991, f. & cert. ef. 9-30-91 FWC 21-1986, f. & ef. 6-20-86 FWC 64-1983, f. & ef. 11-17-83 FWC 2-1982, f. & ef. 1-11-82 FWC 3-1981, f. & ef. 1-21-81 FWC 8-1978, f. & ef. 3-7-78 FWC 25, f. & ef. 11-28-75, Renumbered from 630-001-0005 GC 266, f. 10-18-73, ef. 11-11-73 GC 249, f. & ef. 12-1-71 GC 86, f. 8-26-58
635-001-0010 Legal Notice Mailing List and Fee Any person requesting in writing to be placed on the mailing list (as required by subsection (6) of ORS 183.335) to receive copies of each Department of Fish and Wildlife notice of intended rule making action given pursuant to paragraph (a) of subsection (1) of ORS 183.335 and copies of each rule adopted, amended, or repealed as filed in the office of the Secretary of State pursuant to subsection (1) of ORS 183.355 shall be notified that prior to placement on such mailing list an annual fee of $25 is required to be remitted in advance to defray the costs of mailing and maintenance of mailing lists under subsection (6) of ORS 183.335. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183 History: FWC 24, f. 11-28-75, ef. 1-1-76, Renumbered from 630-001-0010
635-001-0020 Commission Policy on Advisory Bodies The Commission shall, consistent with state law: (1) Consider appointment of minorities and women to fill vacancies so that advisory bodies are representative of the population served, to the extent possible. (2) Develop a system of staggered terms of office in order to maintain continuity. (3) Limit terms to four years, with no more than two consecutive terms to be served by any member, unless the Commission, for just cause, chooses to extend the number of said terms or term. (4) Direct advisory bodies to establish minimum frequency for meetings and to establish a minimum attendance required by advisory body members. The Commission shall be notified of advisory body members who fail to meet the minimum attendance and may, at their discretion, remove advisory body members who fail to meet the attendance requirement. (5) Notify advisory body members upon their appointment that they serve at the pleasure of the Commission. Statutory/Other Authority: ORS 496.138 Statutes/Other Implemented: ORS 496.085, 496.228, 496.460, 506.465, 508.755 & Sec. 11, Ch. 512 & OL 1989 History: DFW 89-1998, f. & cert. ef. 11-25-98
635-001-0025 Civil Damages (1) It is the policy of the Commission that the Director may institute suit for the recovery of damages for the unlawful taking or killing of wildlife pursuant to ORS 496.705. (2) In deciding whether to institute suit against a person convicted of unlawfully taking or killing wildlife, the Director may consider, but is not limited to, the following criteria: (a) Whether the person was convicted of unlawfully taking or killing more than one game or furbearing mammal; (b) Whether the person was convicted of selling or wasting the wildlife, or parts thereof, unlawfully taken or killed; (c) Whether the person convicted has also been convicted of any previous violations of the wildlife laws or regulations promulgated pursuant thereto; (d) Whether the violation for which the person was convicted occurred outside any authorized season for the species taken or killed; and (e) Whether the cumulative value, as established by ORS 496.705, of the wildlife unlawfully taken or killed is equal to or greater than $100. Statutory/Other Authority: ORS 496 Statutes/Other Implemented: ORS 496 History: FWC 15-1982, f. & ef. 3-5-82
635-001-0030 Rendering Recompensable Assistance to Other State Agencies The Department shall: (1) Track and prepare statements each fiscal year reporting the number of hours spent by department personnel performing recompensable assistance for any executive department agency, including professional, investigatory, administrative and clerical services, capital outlay, and the hourly rate charged, based on the class of department personnel performing the services. (2) Send statements to the agency or other entity describe in ORS 496.167 receiving services at the closing of each fiscal year. (3) Develop an estimated cost of expenses for work described in ORS 496.167 each biennium; and issue an invoice to each agency or other entity described in ORS 496.167, for which estimated cost of expenses were prepared. Statutory/Other Authority: ORS 496.167 & 496.168 Statutes/Other Implemented: ORS 496.167 & 496.168 History: DFW 30-2021, amend filed 03/23/2021, effective 03/23/2021 DFW 161-2015, f. & cert. ef. 12-9-15