justicedao/ipfs_state_laws huggingface dataset:
632-033-0040 Maintaining an Exploration Permit (1) An Exploration Permit issued by the department shall be granted for a period of 12 consecutive months. The new permittee shall renew each Exploration Permit prior to the anniversary date by submitting the required annual fee. As a courtesy, the department may notify the permittee by mail at least 45 days prior to the anniversary date of the permit and will provide the necessary renewal forms and fee schedule for permit renewal. In cases of non-renewal, a second notice may be sent prior to issuance of a Closure Order. The permittee shall maintain an Exploration Permit until exploration and reclamation, including revegetation (if required), have been completed. (2) If the department determines from inspections conducted pursuant to ORS 517.850 or from any other source, that the exploration is not in compliance with the approved Exploration Permit, permit conditions, the Mined Land Reclamation Act, or the rules adopted thereunder, the department shall give written notice of noncompliance to the permittee. (3) The permittee must begin rectifying all deficiencies within 30 days of receipt of the notice of noncompliance as required in ORS 517.860(1), or file a written appeal to the notice of noncompliance in accordance with OAR 632-033-0050. If the permittee appeals the notice within 30 days of receipt, the Department will not issue a Closure Order or revoke the permit pending the appeal, except in cases of reasonable probability of danger to human life, property, water resources, or wildlife. The department will provide the permittee a written statement of the specific facts leading to that finding and corrective action for the elimination of such danger. (4) The department will notify the permittee in writing within ten working days of the date verification of compliance. 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
632-033-0043 Expiration of an Exploration Permit Obligation An Exploration Permit obligation expires upon: (l) Transferring of the permit to another obligee. (2) The area within the permit area coming under an Operating Permit. (3) Completing the obligation of the Exploration Permit. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.720 History: GE 1-1990, f. & cert. ef. 8-3-90
632-033-0045 Obtaining Financial Security Releases (1) The permittee shall notify the department when the provisions of the permit have been completed. (2) The department shall inspect the reclaimed site. If the permittee has fulfilled the requirements of the Exploration Permit, the financial security shall be released, the permit terminated and the permittee notified. The department may authorize financial security reduction if the reclamation or drill hole abandonment procedures are partially completed or for other reasons if the financial security is greater than the anticipated obligation for the next 12 months. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.725 History: GE 1-1990, f. & cert. ef. 8-3-90
632-033-0050 Appeals (l) Prior to the initiation of an appeal of any departmental order pursuant to the Mined Land Reclamation Act or these rules the applicant or permittee shall first request that the State Geologist informally review and resolve the matter. The State Geologist shall provide a written decision within 20 days of receipt of such a request. Thereafter, the applicant or permittee may request a contested case hearing as provided in ORS 183.310–183.550. (2) An applicant or permittee requesting a contested case hearing shall state the reasons for requesting the hearing and the objections to the department’s order in accordance with ORS Chapter 183 and the Attorney General’s Model Rules of Procedure. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.890 History: DGMI 1-2000, f. & cert. ef. 7-20-00 GE 1-1990, f. & cert. ef. 8-3-90
632-033-0055 Penalties (l) Any person who conducts an exploration activity without a valid Exploration Permit as required by the Mined Land Reclamation Act shall be punished upon conviction, by a fine of not more than $10,000. (2) Violation of any provision of the Mined Land Reclamation Act, or of any rule or order made pursuant to the Act, or of any conditions of an Exploration Permit, is punishable, upon conviction, by a fine of not more than $10,000. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.990 History: DGMI 1-2000, f. & cert. ef. 7-20-00 GE 1-1990, f. & cert. ef. 8-3-90
632-035-0005 Purpose of These Rules (1) These rules implement ORS 517.750 to 517.951, 517.990, and 517.992 with respect to placer mines, coal mines and metal mines using only gravity separation. These rules do not apply to aggregate mines. (2) Applicants seeking operating permits from the Department should be aware that other state, federal and local agencies may require the applicant to obtain approval prior to operation. For example, the Department of Environmental Quality (DEQ) may require air contaminant discharge permits, wastewater discharge permits, and solid waste management permits. Where feasible the Department shall coordinate with other agencies to avoid duplication on the part of applicants. An operating permit from the Department does not constitute authorization to proceed without approval of other agencies if required. It is the applicant's responsibility to obtain other necessary permits. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.517, 517.760 & 517.905 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 3-1984, f. & ef. 12-12-84 GMI 2-1982, f. & ef. 8-13-82
632-035-0010 Definitions The definitions in ORS 517.750 and 517.910 apply to these rules. In addition, the following definitions apply: (1) "Affected," as used in ORS 517.750(15)(a) means disturbed by excavation or any other surface mining or milling on any land surface during any stage of mineral production, or the covering of any land surface by surface mining refuse. (2) A "Period of 12 Consecutive Calendar Months" as used in ORS 517.750(15)(a) begins on the date surface mining begins. (3) "Disturbed Area" is any area within the permit area boundary where surface or ground water resources are impacted as a result of mining, milling or mine facilities. (4) "Expansion" as used in these rules means lateral expansion consequential to surface mining into land surfaces previously not affected by surface mining. (5) "Operating Permit" means a permit issued by the Department under ORS 517.790. (6) "Ore Processing" means milling or other mineral concentration process. (7) "Permit Area" is the geographical location of surface mining as defined in ORS 517.750(15). Permit area is defined by boundaries submitted on a map acceptable to the Department and means the area to be covered by an operating permit. The permit area will generally be a parcel or contiguous parcels available to the permittee for surface mining. Areas used for the storage or disposition of any product or waste material from the surface mining operation even though separate from the area of extraction shall be included in the permit area. The permit area may be redefined as mining progresses. In the case of exploration conducted under an operating permit, the permit area includes, but is not limited to, areas proposed for surface disturbance by drilling, drill pad construction, trenches and any roads newly constructed or improved with heavy equipment other than the road used to access the permit area. (8) "Pre-Mine Use" when used in reference to surface or ground water means pre-mine uses that include but are not limited to: (a) Drinking water; (b) Fishery; (c) Agriculture; (d) Recreation. (9) "Total Exemption" means surface mining that is exempted from the requirements of these rules. The Department may require certain information to be provided under OAR 632-035-0016(2) to establish exemptions. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.910 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 3-1984, f. & ef. 12-12-84 GMI 2-1982, f. & ef. 8-13-82
632-035-0016 Total Exemptions (1) The following excavation, processing or grading activities are exempt from these rules and do not require the payment of fees, posting of bonds or submittal of reclamation plans: (a) Beds and Banks. Excavations of materials from the beds and banks of any waters of this state are exempt from these rules when conducted pursuant to a permit issued under ORS 196.800 to 196.900; (b) Operations producing less than 5,000 cubic yards of material per year and disturbing less than one acre of land are exempt from these rules but may require a permit from DEQ and other government agencies; (c) Exploration. Mineral exploration activities subject to ORS 517.702 to 517.740: (2) Applications for a total exemption certificate if desired shall be made to the Department using the established form. The Department may require the applicant claiming this exemption to provide data to establish the validity of the exemption. The data required may include but are not limited to, the name of the operator, location of the surface mine, size of the site, date of commencement of the surface mining, a summary of the preceding 12 months of surface mining, and an estimate of the activity for the succeeding 12 months. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.750 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88 GMI 2-1986, f. 9-19-86, ef. 9-22-86 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 3-1984, f. & ef. 12-12-84 GMI 2-1982, f. & ef. 8-13-82
632-035-0017 Limited Exemptions (1) Limited exempt status is available only for operations that have received and maintained a certificate of limit exemption as provided in ORS 517.770 and 517.775. (2) Operations under a certificate of limited exemption are subject to the provisions in OAR 632-030-0017. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.770 & 517.775 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 3-1984, f. & ef. 12-12-84 GMI 2-1982, f. & ef. 8-13-82
632-035-0020 Procedures for Applying for an Operating Permit Obtaining an Operating Permit: (1) The applicant shall submit an operating permit application as defined in OAR 632-035-0025. (2)(a) The Department may require any information needed to ascertain whether surface mining has occurred or is occurring and the status of any proposed or existing permit. (b) The applicant shall survey the permit area, all excavation areas, setbacks, and buffers, and provide a map that shows all areas of excavation, setbacks, buffers, buildings, haul roads, stockpiles, wells, ponds, and floodways. Surveys must be conducted by a professional land surveyor as required by ORS chapter 672. (3) The application for an operating permit must be accompanied by the fees authorized in ORS 517.800 and 517.920 as determined by the Department. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.790 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 3-1984, f. & ef. 12-12-84 GMI 2-1982, f. & ef. 8-13-82
632-035-0035 Modification of an Operating Permit Modification may be initiated at any time by the permittee or by the Department. An operating permit may be modified by approval of the Department after timely notice and opportunity for review as provided by ORS 517.830(4) in order to modify the requirements so that they comply with existing laws, or to accommodate unforeseen developments that may affect the reclamation plan as previously approved. Expansion of an operation beyond original permit area or significant intensification of activity may require recirculation to interested agencies for additional comment. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.740 & 517.800 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 2-1982, f. & ef. 8-13-82
632-035-0045 Obtaining Bond Release (1) The permittee shall notify the Department when the reclamation has been completed. (2) The Department shall inspect the reclaimed site. If the Department determines that the permittee has fulfilled the requirements of the approved reclamation plan or decommissioning performance standards, the bonds or other securities will be released. The Department may authorize bond or other security reduction if the reclamation or decommissioning is partially completed. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.740 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 3-1984, f. & ef. 12-12-84 GMI 2-1982, f. & ef. 8-13-82
632-035-0050 Appeals (1) Prior to the initiation of a formal appeal of any departmental order, notice, or other action, made pursuant to ORS 517.750 to 517.950 or the rules adopted thereunder, the applicant or permittee shall first request that the State Geologist informally review and resolve the matter. The State Geologist will provide a written decision within 20 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. Appeals must be filed within 30 days of receipt of the State Geologist's written decision except as otherwise provided by ORS 183.435. (2) An applicant or permittee requesting a hearing for consideration of any appeal shall state the reasons for requesting the hearing and the objections to the Department's order, notice, or other action. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.890 & 517.992 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 2-1982, f. & ef. 8-13-82
632-035-0055 Penalties (1) Any landowner or operator who conducts a surface mining operation, for coal or a metal-bearing ore, without a valid operating permit as required by ORS 517.750 to 517.955 shall be punished, upon conviction, by a fine of not more than $10,000. (2) Violation of any provision of ORS 517.750 to 517.955, or of any rule or order made pursuant to ORS 517.910 to 517.950, or of any conditions of an operating permit, is punishable, upon conviction, by a fine of not more than $10,000. Statutory/Other Authority: ORS 517 Statutes/Other Implemented: ORS 517.990 & 517.992 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 3-1984, f. & ef. 12-12-84 GMI 2-1982, f & ef. 8-13-82
632-037-0005 Purpose (1) The purpose of these rules is to implement the consolidated permitting provisions of ORS 517.952 to 517.989, applicable to metal mines, except placer mines and operations using only gravity separation to process ore. These rules address: (a) Implementation of a state consolidated permitting process for mining operations; (b) Coordination of federal and state permitting processes as they relate to the consolidated permitting process; and (c) Opportunities for public participation and comment throughout the state consolidated permitting process. (2) 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 mining operations, while permitting operations that comply with the provisions set forth in ORS 517.952 to 517.989, and ensure the protection of the public health, safety, welfare and the environment. (3) Applicants submitting a consolidated application to the Department should be aware that federal and local agencies may require the applicant to obtain additional permits and approvals prior to operation. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.750 - 517.995 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0015 State and Federal Agency Coordination (1) When a mining operation is proposed on federal land, the Department shall, when agreed to by the federal agency, enter into a memorandum of agreement with the federal agency that is designated as the lead agency for the proposed mine under the National Environmental Policy Act. The purpose of a memorandum of agreement shall be to coordinate the state consolidated application process established in ORS 517.952 to 517.989 with the federal application process to the fullest extent possible. (2) The memorandum of agreement may: (a) Provide for the selection of the same third party contractor, if any, to prepare the environmental evaluation and socioeconomic impact analysis required by ORS 517.952 to 517.989 and the environmental assessment or environmental impact statement required by the National Environmental Policy Act; (b) Coordinate the timeliness for preparation and content of the environmental evaluation and the environmental assessment or environmental impact statement; (c) Ensure that all data, information and documents prepared in satisfaction of the requirements of ORS 517.952 to 517.989 will also satisfy to the fullest extent possible the requirements of corresponding portions of the National Environmental Policy Act; and (d) Ensure that the state and federal financial security requirements are coordinated to the fullest extent possible. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.952 & 517.965 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0020 Project Coordinating Committee (1) Purpose. The purpose of a project coordinating committee shall be to share information and coordinate county, state and federal permitting requirements in order to avoid contradictory requirements, facilitate the exchange of ideas, promote interdisciplinary decision making, optimize communication and avoid duplicative effort. A project coordinating committee shall also review proposed permit modifications that are deemed significant by a permitting agency or a cooperating agency under OAR 632-037-0120 and determine those portions of ORS 517.952 to 517.989 and these rules with which the applicant must comply. (2) Committee Members. The Department shall act as the facilitating agency for a project coordinating committee. Upon receipt of a notice of intent, the Department shall request the participation of a representative of each of the following: (a) All permitting and cooperating agencies; (b) Affected federal agencies; (c) Local government agencies; and (d) Any affected Indian tribe. (3) Staff. Each permitting and cooperating agency shall designate an appropriate staff person(s) to participate on the project coordinating committee. Each agency shall assume responsibility for those sections of the consolidated application and environmental evaluation over which the agency has permitting authority or special expertise. (4) Meetings. The project coordinating committee shall meet at appropriate times during the consolidated application process. Any member may request a meeting of the Committee. If a majority of members concur with the request, the Department shall facilitate a meeting. All meetings of the project coordinating committee shall be open to the public and each meeting shall include an opportunity for public comment on matters before the Committee. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.965 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91
632-037-0025 Technical Review Team (1) Duties. The duties of the technical review team shall include but not be limited to the following: (a) Provide an interagency and interdisciplinary review of technical permitting issues and serve in an advisory capacity to a project coordinating committee; (b) Approve the methodology to be used in the collection of baseline data; (c) Coordinate with the applicant the collection and verification of baseline data; (d) Determine the study areas for a proposed mine; (e) Identify any reasonable alternatives that were not analyzed by the applicant or contractor in a consolidated application and direct staff or a third party contractor to analyze such alternatives in accordance with the requirements of OAR 635-037-0045(5); (f) Determine whether any part of a consolidated application, including an environmental evaluation, is complete; (g) Determine whether a proposed mining operation complies with the standards established in ORS 517.952 to 517.989, these rules and the statutes and rules governing the issuance of all applicable permits set forth in ORS 517.952 to 517.989; (h) Reconcile contradictory permit conditions; (i) Advise an applicant of the application requirements relevant to a proposed mine; and (j) Identify the characteristics reasonably expected to exist under local conditions under OAR 632-037-0010(24). (2) Team Members. The Department shall act as the facilitating agency for the technical review team. Upon receipt of a notice of intent, the Department shall request the participation of a representative of each permitting and cooperating agency. (3) Staff. Each permitting and cooperating agency shall designate an appropriate staff person(s) to participate on the technical review team. Each agency shall assume responsibility over those sections of the consolidated application and environmental evaluation over which the agency has permitting authority or special expertise. When special expertise resides in more than one agency, the agencies shall coordinate their activities to avoid duplication or contradiction. (4) Meetings. The technical review team shall meet at those times necessary and appropriate to accomplish the purposes of ORS 517.952 to 517.989 and these rules. Any member may request a meeting of the team. If a majority of other members concur with the request, the Department shall facilitate a meeting. Statutory/Other Authority: ORS 517.750 - 517.995 Statutes/Other Implemented: ORS 517.967 History: DGMI 1-2014, f. & cert. ef. 4-2-14 GMI 2-1991, f. & cert. ef. 10-11-91