justicedao/ipfs_state_laws huggingface dataset:
635-420-0080 Inspection of Mining Operations (1) Every permittee or the permittee’s agent shall always keep open to inspection by the Department or its agent the permit area as well as any books, records, papers or memoranda which are pertinent to the administration of this division, 1991 Oregon Laws, Chapter 735, or OAR 632, division 037. (2) The Department may access and copy any record and inspect any monitoring equipment or method of operation required for compliance with permit conditions for the protection of wildlife. (3) The permittee shall notify the Department 30 days prior to completion of construction of a chemical process mine. The Department shall inspect the construction site within ten days of completion of construction. The use of chemical processing solutions to dissolve metals from ore shall not commence until the Department notifies the permittee that the inspection is complete. Subsequent inspections shall be conducted at a frequency sufficient to ensure that the requirements of this division and any permit conditions designed to protect wildlife are being met. At a minimum, Department inspections shall be conducted on a semi-annual basis, beginning at the time of permit issuance. (4) When the Department determines on the basis of an inspection that any condition or practice existing at a chemical process mine is or can reasonably be expected to be harmful to wildlife, or that any permittee is in violation of any requirement of this division or any permit condition designed to protect wildlife, the Department shall document this finding in the inspection report and immediately notify the permittee and DOGAMI. (5) Copies of the inspection report shall be mailed in a timely fashion to: (a) The permittee, or the permittee’s designated agent or management personnel at the chemical process mine; and (b) DOGAMI. (6) Copies of any records, reports, inspection materials or information obtained during the Department inspection, except as otherwise provided by ORS 192.410 to 192.505 shall be made available to the public upon request. Statutory/Other Authority: ORS 496.012 & 506.109 Statutes/Other Implemented: ORS 496.012 & 506.109 History: FWC 140-1991, f. & cert. ef. 12-26-91
635-420-0090 Content of Inspection Report (1) Department inspection reports shall be made on a form approved by the Department and shall indicate: (a) The date and time of inspection; (b) The name of the Department employee who conducted the inspection and include his or her signature; (c) Access to and adequacy of the permittee’s wildlife injury and mortality reports and facility monitoring and inspection reports; (d) Whether or not the general wildlife protection standards have been adequately implemented; (e) Whether or not the special wildlife protection conditions specific to the chemical process mine permit have been adequately implemented; (f) Any violations noted by the Department; (g) Modifications necessary to correct any identified violations. (2) The Department shall record on the inspection report any condition or practice existing at a chemical process mine that is or can reasonably be expected to be harmful to wildlife. In making this determination, the Department shall: (a) Identify the condition or practice which is or can reasonably be expected to be harmful to wildlife; (b) Identify the portion of the chemical process mine within which the condition or practice occurs; (c) Specify revisions or modifications of the permit conditions which are necessary to correct the condition or practice, including temporary or emergency measures to be taken in the interim. (3) The Department shall request DOGAMI to convene the Project Coordinating Committee at the earliest possible date to review permit modifications proposed by the Department to correct a condition or practice which is or can reasonably be expected to be harmful to wildlife. (4) The Department shall record on the inspection report any condition or practice existing at a chemical process mine that is in violation of any requirement of this division or any permit condition designed to protect wildlife. In making this determination, the Department shall: (a) Identify the provisions of the permit which have been violated; (b) Set forth with reasonable specificity the nature of the violation; (c) Identify the steps necessary to abate the violation, in the most expeditious manner possible, including temporary or emergency measures to be taken in the interim; (d) Identify the portion of the chemical process mine which is subject to the violation. Statutory/Other Authority: ORS 496.012 & 506.109 Statutes/Other Implemented: ORS 496.012 & 506.109 History: FWC 140-1991, f. & cert. ef. 12-26-91
635-420-0100 Liability and Penalties (1) The permittee shall be held liable for any wildlife injury or mortality. The issuance of a chemical process mining permit does not relieve the permittee from liability for wildlife injury or mortality resulting from acts conducted pursuant to the conditions of the permit. (2) Compensation for wildlife injury or mortality shall be determined and pursued as provided for in: (a) ORS 517.750 through 517.955, 517.960 through 517.976, OAR 632-037-0125; and (b) ORS 468.745, 496.705, 496.992, OAR 635-001-0025, or 635-410-0030 or other applicable statutes and rules. Statutory/Other Authority: ORS 496.012 & 506.109 Statutes/Other Implemented: ORS 496.012 & 506.109 History: FWC 140-1991, f. & cert. ef. 12-26-91
635-420-0110 Certification of Self-Sustaining Ecosystem (1) At least 90 days prior to a request to DOGAMI for release of financial security pursuant to OAR 632-037-0110, the permittee shall submit a report to the Department evaluating the success of habitat restoration against the quantitative measures of ecosystem utility and stability established in the wildlife mitigation plan required pursuant to 635-420-0060. (2) The evaluation of the success of habitat restoration shall be based on field surveys and monitoring efforts which utilize the approved methodologies used to collect baseline data. The report submitted by the permittee shall describe all field surveys and monitoring efforts which have been conducted. This description shall include, but is not limited to: (a) A site plan showing the location of field surveys and monitoring efforts; (b) A description of the methodologies used to conduct field surveys and monitoring efforts; (c) A record of the dates and frequency of field surveys and monitoring efforts. (3) The Department, or a third party contractor hired by the Department, shall conduct a site investigation to verify the report submitted by the permittee and to determine if a self-sustaining ecosystem comparable to undamaged ecosystems in the area has been created. (4) The Department, or a third party contractor hired by the Department, shall notify the permittee and DOGAMI in writing of the results of the Department’s site investigation and provide a recommendation on the permittee’s request for release or reduction of financial security. The Department’s recommendation shall: (a) Describe the reasons for the Department’s determination that a self-sustaining ecosystem has or has not been created; or (b) If the Department is unable to determine whether a self-sustaining ecosystem has been created, describe the additional field studies or monitoring which are necessary to make this determination. (5) The Department’s recommendation shall be sent to DOGAMI and the permittee prior to the public hearing held by DOGAMI under OAR 632-037-0110 to determine whether to allow the release or reduction of financial security. Copies of the Department’s recommendation will be available to the public upon request. Statutory/Other Authority: ORS 496.012 & 506.109 Statutes/Other Implemented: ORS 496.012 & 506.109 History: FWC 140-1991, f. & cert. ef. 12-26-91
635-420-0120 Compliance with Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans (1) This division represents a “new agency land use program” as defined in OAR 635-405-0005, and is subject to the requirements of the Department’s State Agency Coordination Program and OAR 635-405-0035. (2) The Department shall rely on decisions made by the Department of Geology and Mineral Industries pursuant to their State Agency Coordination Program and OAR chapter 632, divisions 001 and 037 to assure that chemical process mining operations reviewed under this division comply with the Statewide Planning Goals and are compatible with acknowledged comprehensive plans and land use regulations. (3) The meaning of the land use terms in this rule shall be the same as defined in OAR 635-405-0005. Statutory/Other Authority: ORS 496.012 & 506.109 Statutes/Other Implemented: ORS 496.012 & 506.109 History: FWC 140-1991, f. & cert. ef. 12-26-91
635-425-0000 Purpose The purpose of these rules is to further the State of Oregon’s Wildlife Policy contained in ORS 496.012 and 496.138 and the Food Fish Management Policy contained in 506.109 by applying consistent standards for reviewing and issuing in-water blasting permits as required by 509.140. These rules establish procedures that the Department will use to review and make decisions on applications for in-water blasting activities, including any permit conditions necessary to prevent injury to fish, wildlife, and their habitat. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 History: DFW 31-2002, f. & cert. ef. 4-16-02 FWC 134-1991, f. & cert. ef. 11-20-91
635-425-0005 Applicability OAR 635-425-0000 through 635-425-0050 apply whenever the use of explosives is desired in the course of removing any obstruction in any waters of this state, in constructing any foundations for dams, bridges or other structures, or in carrying on any trade or business. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 History: DFW 31-2002, f. & cert. ef. 4-16-02 FWC 134-1991, f. & cert. ef. 11-20-91
635-425-0015 Fish and Wildlife In-Water Blasting Permit Policy It is the policy of the Oregon Fish and Wildlife Commission to discourage in-water blasting unless it is the only practicable method to accomplish the project goals. The Department may issue in-water blasting permits only if they contain conditions for preventing injury to fish and wildlife and their habitat. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 History: DFW 31-2002, f. & cert. ef. 4-16-02 FWC 134-1991, f. & cert. ef. 11-20-91
635-425-0025 Compliance with Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans (1) Pursuant to the Department’s State Agency Coordination Program, OAR 635 division 405, the applicant must provide information documenting the project's compliance with the Statewide Planning Goals and compatibility with the applicable acknowledged comprehensive plan(s) and land use regulations. Such documentation must include one of the following: (a) Information affirming that the project has received specific land use approval from the affected city or county; (b) Information demonstrating that the project does not require specific land use approval by the jurisdiction; or (c) Findings or information to assure compliance with the statewide planning goals in accordance with OAR 635-405-0020(1)–(3). (2) If more than one unit of local government has land use approval authority over the site of the proposed project, the applicant must submit documentation in the manner described in section (1) of this rule demonstrating land use compatibility with each of the affected jurisdictions' comprehensive plans. (3) The meaning of the land use terms used in this division are the same as those contained in OAR 635-405-0005. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 History: DFW 31-2002, f. & cert. ef. 4-16-02 FWC 134-1991, f. & cert. ef. 11-20-91
635-425-0030 Application Review Procedures (1) The Department will provide a copy of the In-Water Blasting Permit Rules and an application form to all applicants for an in-water blasting permit. (2) The Department will review an application to determine if it is complete and notify the applicant in writing within 15 days after receipt of the application if additional information is required. The notice will specify any additional required information and the deadline for submitting the information. (3) The Department will begin its review when it receives a complete application. Within 45 days of receiving a complete application for a major project, or 20 days for a minor project, the Department will either deny the application in writing or issue a permit with appropriate conditions for preventing injury to fish, wildlife, and their habitat. The Department may extend its review period for up to 30 days to determine appropriate conditions to prevent injury to fish and wildlife and their habitat. (4) In deciding whether to approve or deny the application, the Department will consider: (a) Whether blasting is the only practicable method of accomplishing the proposed activity; (b) Whether injury to fish, wildlife, and their habitat can be prevented by adequately conditioning the permit; and (c) Whether proposed blasting for fish passage improvement projects is consistent with the Commission's Wild Fish Management Policy. (5) For major projects within a single region, the applicable regional office will review the application and will either deny it or issue a permit. (6) For major projects that affect two or more Department regions, the Habitat Division will review the application and either deny it or issue a permit. (7) For minor projects, the applicable district will review the application and either deny it or issue a permit. (8) Projects in estuarine and marine waters will be coordinated with Marine Program staff. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.119 & 509.140 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 History: DFW 31-2002, f. & cert. ef. 4-16-02 FWC 134-1991, f. & cert. ef. 11-20-91
635-425-0040 Notification Requirements (1) Applicants must notify the district fishery or habitat biologist at least 48 hours before actual blasting, and the Department must have the opportunity to have an observer present during and after the blasting. The Department may conduct a pre-blasting site inspection. (2) Applicants must notify the local law enforcement agencies before blasting activities. (3) Applicants must notify all adjacent landowners of record on the most recent property tax assessment roll, renters or lessees, and recreational users within the area affected by the proposed blasting of the schedule for planned in-water blasting. This notice must be by: (a) Registered letters to adjacent landowners with return receipt; (b) Publication in the local newspaper; (c) Postings in the vicinity of the project; and (d) Auditory warnings before blasting. (4) The applicant must provide to the Department satisfactory evidence of compliance with subsections (3)(a)–(c) of this rule at least three days before the blasting occurs. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 History: DFW 31-2002, f. & cert. ef. 4-16-02 FWC 134-1991, f. & cert. ef. 11-20-91
635-425-0045 Compensation for Injury to Fish and Wildlife The applicant must compensate the State of Oregon for any injury to fish, wildlife, or their habitat resulting from failure to comply with the conditions of the in-water blasting permit, or from failure to obtain an in-water blasting permit. Compensation for such injury or damage will be determined as provided for in ORS 496.705 and 496.992, and OAR 635-001-0025 and 635-410-0030. A permit does not relieve the permittee from liability for the injury to persons, property, or fish and wildlife or their habitat resulting from acts conducted pursuant to the conditions of the permit. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 History: DFW 31-2002, f. & cert. ef. 4-16-02 FWC 134-1991, f. & cert. ef. 11-20-91
635-425-0050 Applicability of Existing Laws An in-water blasting permit is designed to prevent injury to fish and wildlife and their habitat. An in-water blasting permit does not authorize violation of any other applicable state, federal or local laws or regulations. An in-water blasting permit does not supersede any requirements to obtain other applicable permits or authorizations, including but not limited to those permits or authorizations designed to protect human health, safety, welfare, navigation, or fish and wildlife. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 506.109, 506.119 & 509.140 History: DFW 31-2002, f. & cert. ef. 4-16-02 FWC 134-1991, f. & cert. ef. 11-20-91
635-430-0000 Purpose of Wildlife Habitat Conservation and Management Program The purpose of these rules is to implement the Wildlife Habitat Conservation and Management Program (Program), ORS 308A.400-308A.430. These rules: (1) Establish priorities, criteria and standards for enrollment of parcels, tracts, or lots of eligible land into the Program; (2) Specify the form and content of a wildlife habitat and conservation management plan and the conservation and management practices that are appropriate to preserve, enhance or improve the structure or function of wildlife habitat; and (3) Establish processes for self-reporting, site inspection, and adding and removing eligible land from the Program. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430 Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430 History: DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024 DFW 115-2004, f. & cert. ef. 11-26-04 DFW 11-1998, f. & cert. ef. 2-5-98 FWC 23-1994, f. & cert. ef. 4-29-94
635-430-0020 Priority Habitats for the Wildlife Habitat Conservation and Management Program (1) The primary objective of the Wildlife Habitat Conservation and Management Program is to preserve, enhance or improve the composition, structure or function of habitat for native wildlife species. (2) To enroll in the Program, properties must support native habitats of conservation concern. Based on Department priorities such as the Oregon Conservation Strategy, the Department will maintain a list of native habitats of conservation concern in each Watershed District in which at least one county is enrolled in the Program. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430 Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430 History: DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024 DFW 115-2004, f. & cert. ef. 11-26-04 DFW 11-1998, f. & cert. ef. 2-5-98 FWC 23-1994, f. & cert. ef. 4-29-94
635-430-0025 State Fish and Wildlife Commission Designation of Eligible Land (1) At the request of the governing body of a county, the Director of the State Fish and Wildlife Department may designate any or all of the following land in unincorporated areas within the county as eligible for wildlife habitat special assessment: (a) Any land that is zoned for exclusive farm use, mixed farm and forest use or forest use under a land use planning goal protecting agricultural land or forestland; or (b) Land that is clearly identifiable as containing significant wildlife habitat. (2) At the request of the governing body of a city, the Director may designate any or all of the following land within the incorporated city as eligible for wildlife habitat special assessment: (a) Any land that is zoned for exclusive farm use, mixed farm and forest use or forest use under a land use planning goal protecting agricultural land or forestland; or (b) Land that is clearly identifiable as containing significant wildlife habitat. (3) With the prior consent of the governing body of a city, the county in which all or a part of the city is located may apply to the Director on behalf of the city for designation of any area that is within both the city and the county as eligible for wildlife habitat special assessment. (4) The Director may designate land described in subsection (1) or (2) of this section as eligible for wildlife habitat special assessment only if the Director finds that designation will promote the objectives of the Program and the implementation requirements of these rules. (5) Any county that did not forbid, by a resolution or other decision of the county governing body, the establishment of wildlife habitat conservation and management plans as of January 1, 2003, shall be deemed to have the land described in OAR 635-430-0025(1)(a) as eligible for wildlife habitat special assessment. (6) The governing body of the city or county that requested designation under section OAR 635-430-0025 may request that the Director of the State Fish and Wildlife Department remove that designation. (7) The Director shall remove the designation if: (a) The city or county demonstrates that the designation creates an economic burden for the city or county; and (b) The Director finds that the economic burden is significant. (8) In making its determination under subsection (7) of this section, the Director shall give significant weight to the demonstration of economic burden made by the city or county. (9) A determination by the Director of the State Fish and Wildlife Department to designate land as eligible for the wildlife special assessment or to remove that designation shall for property tax purposes be effective as of the tax year beginning the July 1 immediately following the determination. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430 Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430 History: DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024 DFW 42-2006, f. & cert. ef. 6-14-06 DFW 115-2004, f. & cert. ef. 11-26-04