reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.958 - Compliance with preapplication process; purpose.

Any person proposing to conduct a mining operation shall comply with the requirements for the preapplication process set forth in ORS 517.961 to 517.969. The purpose of such process shall be to identify significant issues to be addressed in the consolidated application process set forth in ORS 517.971 to 517.987. [1991 c.735 §6; 2013 c.371 §10]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.959 - Public notice requirements for ORS 517.952 to 517.989; master list of interested parties; fees.

(1) Whenever required in ORS 517.952 to 517.989, public notice shall include information sufficient to inform the public of the proposed activity or event and shall include:
(a) Notification to all permitting and cooperating agencies.
(b) Notice by mail to each owner of property located within one-half mile of the perimeter of the proposed site of the mining operation. As used in this paragraph, "owner" means the owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete tax assessment roll.
(c) Notice by mail to persons on the master list.
(d) Notice by mail to mineral claimants for claims located within one-half mile of the proposed mining operation or as otherwise required by rule of a permitting or cooperating agency.
(e) Notice by publication in a newspaper of general circulation in the state and in a local newspaper of general circulation in the county or counties in which the proposed mining operation is located. Notice by publication shall be given at least once each week for two weeks immediately preceding the action.
(2) The notice provided pursuant to this section shall satisfy any notice requirement of an individual permitting or cooperating agency related to a permit included in the consolidated application process established under ORS 517.952 to 517.989.
(3) As used in this section, "master list" means a consolidated list of all interested parties compiled by the State Department of Geology and Mineral Industries and each permitting and cooperating agency and maintained by the department. Any person may request in writing that the State Department of Geology and Mineral Industries add the person’s name to the agency master list. The State Department of Geology and Mineral Industries may establish a procedure for establishing and maintaining an agency master list, and the governing board of the department may establish a fee to be paid by a person requesting to be added to the master list. The fee shall be sufficient to defray the department’s costs of mailing notices to persons on the master list and maintaining the master list. [1991 c.735 §7; 2013 c.371 §11]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.961 - Notice of intent to submit application; posting of notice.

A prospective applicant for a mining operation permit shall file with the State Department of Geology and Mineral Industries a notice of intent to submit an application and post copies of the notice along the perimeter of the location of the proposed operation. The posting shall be sufficient to inform the public of the intended action and a legal description of the proposed mining operation location and shall comply with requirements adopted by rule by the governing board of the department. [1991 c.735 §8; 2013 c.371 §12]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.963 - Department duties upon receipt of notice of intent.

Upon receipt of a notice of intent under ORS 517.961, the State Department of Geology and Mineral Industries shall:
(1) Provide notice as required under ORS 517.959. The notice shall be sufficient to inform the public of the nature, size and location of the proposed mining operation.
(2) Activate a project coordinating committee for the proposed mining operation and coordinate the participation of federal agencies, affected agencies, local government agencies and the prospective applicant in the activities of the project coordinating committee.
(3) Activate a technical review team for the proposed mining operation.
(4) Identify to the prospective applicant all permitting and cooperating agencies that will be participating in the consolidated application process. [1991 c.735 §9; 2013 c.371 §13]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.965 - Project coordinating committee.

(1)(a) A project coordinating committee shall be composed of representatives from the State Department of Geology and Mineral Industries, all permitting and cooperating agencies, local government agencies and affected federal agencies. Each permitting and cooperating agency shall designate an appropriate staff member to serve on the committee. The project coordinating committee shall share information and coordinate county, state and federal permitting requirements in order to avoid contradictory requirements, facilitate the exchange of ideas, optimize communication and avoid duplicative effort.
(b) If a mining operation is proposed on federal land, the project coordinating committee shall work with the affected federal agency in accordance with a memorandum of agreement established by the department and the federal agency to facilitate the state and federal application process and to coordinate the two processes to the fullest extent possible.
(2)(a) For a proposed mining operation that is a significant mineral resource site, if the owner or lessee of private property within the impact area of the proposed mining operation identifies a conflict between the proposed mining operation and the agricultural activities conducted on the private property within the impact area, the project coordinating committee shall analyze and address the identified conflict. In analyzing and addressing the identified conflict, the project coordinating committee:
(A) Shall consider compliance with federal, state or local standards for air quality, noise, water quality or other environmental considerations that are applicable to the identified conflict to be sufficient to resolve the conflict; and
(B) If there are not applicable federal, state or local standards as provided for in subparagraph (A) of this paragraph, may suggest to the department permit conditions for avoiding or reducing the identified conflict.
(b) The department shall avoid or minimize the conflicts identified by the project coordinating committee under this subsection through the imposition of one or more permit conditions. The permit conditions imposed by the department pursuant to this paragraph may include, but are not limited to:
(A) A permit condition suggested by the project coordinating committee;
(B) A requirement that the operator fulfill the terms of a written agreement to compensate one or more owners or lessees of private property located within the impact area for loss of crops or reduced agricultural production or use of the land; or
(C) Other reasonable and practicable measures to avoid or minimize the conflicts, as determined by the department.
(c) For purposes of this subsection, the department shall determine the impact area of the proposed mining operation.
(3) In carrying out its responsibilities, the project coordinating committee shall include opportunities for public participation. [1991 c.735 §10; 2013 c.371 §14; 2017 c.736 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.967 - Technical review team.

(1) A technical review team shall be composed of representatives from the State Department of Geology and Mineral Industries and each permitting agency and cooperating agency. The technical review team shall:
(a) Establish methodology guidelines to be followed in the collection of baseline data;
(b) Coordinate with the applicant the use of baseline data collection methodologies as approved by the permitting and cooperating agencies; and
(c) Determine whether the mining operation as proposed in the consolidated application complies with ORS 517.956 and any other applicable requirements for a permit listed under ORS 517.971.
(2) Each permitting agency and cooperating agency shall designate an appropriate staff member to serve on the technical review team. [1991 c.735 §11; 2013 c.371 §15]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.969 - Collection of baseline data; public informational meetings; collection methodology.

(1) Upon receipt of notice from a prospective applicant that the prospective applicant is ready to begin collecting baseline data, the State Department of Geology and Mineral Industries shall:
(a) Provide notice in accordance with ORS 517.959 that the prospective applicant intends to begin baseline data collection and the location where additional background information may be obtained or reviewed.
(b) Within 30 days after receiving the notice from the applicant, conduct two public information meetings. One public meeting shall be conducted in the population center closest to the site of the proposed mining operation and one public meeting shall be conducted in a major population center for the state, as determined by State Department of Geology and Mineral Industries.
(c) Receive written comments from the public and affected agencies for 45 days after receiving notice under this subsection.
(2) The purpose of the public informational meetings and public comment period under subsection (1) of this section shall be to:
(a) Identify the issues raised by the proposed mining operation;
(b) Receive information from the public that the State Department of Geology and Mineral Industries and the permitting and cooperating agencies may need to know in order to evaluate the application; and
(c) Determine the data that should be collected during the baseline data collection phase of the consolidated application process to address the issues identified.
(3) Upon receipt of notice under subsection (1) of this section, the technical review team activated under ORS 517.963 shall determine the specific methodologies to be applied by the applicant in collecting baseline data.
(4) The applicant shall collect data according to the methodology established by the permitting and cooperating agencies through the technical review team. The data collected shall be verified by the appropriate agency in accordance with procedures adopted by the agency. [1991 c.735 §12; 2013 c.371 §16]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.973 - Fees; payment of expenses of department and permitting and cooperating agencies.

(1) In addition to any permit fee required by any other permitting agency, each notice of intent to submit a consolidated application under ORS 517.961 must be accompanied by an initial fee established by the State Geologist in an amount not to exceed $2,000.
(2)(a) Annually on the anniversary date of an operating permit, each holder of an operating permit shall pay to the State Department of Geology and Mineral Industries a renewal fee established by the State Geologist in an amount not less than $2,500.
(b) In addition to the fee prescribed in paragraph (a) of this subsection, the department may charge an amount not to exceed $1,200 for inspections made at sites if the surface mining is:
(A) Conducted without the permit required by ORS 517.790;
(B) Abandoned; or
(C) Conducted in an area not described in the surface mining permit.
(3) Subject to the provisions of subsection (5) of this section, the prospective applicant or applicant shall pay all expenses incurred by the department and the permitting and cooperating agencies related to the consolidated application process under ORS 517.952 to 517.989. These expenses may include legal expenses, expenses incurred in processing and evaluating the consolidated application, issuing a permit or final order and expenses of hiring a third party contractor under ORS 517.979 and 517.980.
(4) If the costs exceed the fee, the prospective applicant or applicant shall pay any excess costs shown in an itemized statement prepared by the department. The department and permitting and cooperating agencies may not incur evaluation expenses in excess of 110 percent of the fee initially paid unless the department provides prior notification to the prospective applicant or applicant and a detailed projected budget the department believes necessary to complete the process or a portion of the process under ORS 517.952 to 517.989. If the actual costs are less than the fee paid, the department shall refund the excess to the prospective applicant or applicant.
(5) All expenses incurred by the department and the permitting and cooperating agencies under ORS 517.952 to 517.989 that are charged to or allocated to the fee paid by a prospective applicant or an applicant shall be necessary, just and reasonable. Upon request, the department shall provide a detailed justification for all charges to the prospective applicant or applicant. [1991 c.735 §13a; 2013 c.371 §18; 2020 s.s.2 c.4 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.975 - Distribution of completed consolidated application; notice of receipt of application.

Upon receipt of a completed consolidated application, the State Department of Geology and Mineral Industries shall:
(1) Provide copies of the application to each affected local government, permitting agency, cooperating agency or federal agency.
(2) Provide notice of the receipt of the consolidated application in accordance with ORS 517.959. The notice shall include information about the opportunity for submitting written comments on the application and about the public hearing conducted as required under ORS 517.977. [1991 c.735 §14]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.977 - Preparation of draft permits; public hearing; determination of completeness of consolidated application.

(1) When all members of the technical review team concur that the permitting agencies and the cooperating agencies are ready to begin preparing draft permits, the State Department of Geology and Mineral Industries shall conduct a public hearing and accept written comments on whether the information contained in the consolidated application is complete and sufficient to allow the permitting agencies to determine whether to issue a permit. The date and location of the public hearing and the period allowed for written comment shall be established by the department. Notice of the public hearing and comment period shall be given in accordance with ORS 517.959.
(2) At the conclusion of the public hearing and comment period under subsection (1) of this section and within 90 days after the State Department of Geology and Mineral Industries receives a consolidated application for a mining operation, the department, in conjunction with all permitting and cooperating agencies, shall make a determination of whether the application is complete. On the basis of the determination the department shall either:
(a) If the permitting and cooperating agencies determine that the consolidated application is complete, issue a notice to proceed with the permitting process and the preparation of draft permits; or
(b) If the permitting and cooperating agencies determine that additional information is necessary, notify the applicant of the additional information that is required.
(3) If the permitting and cooperating agencies do not require the applicant to provide additional information as suggested at the public hearing or comment period under subsection (1) of this section, the agencies shall prepare a written response explaining why the additional information is not being requested from the applicant.
(4) Upon receipt of any additional information requested, the State Department of Geology and Mineral Industries shall accept public comments related to the additional information for a period of two weeks. Except as provided in ORS 517.978, the department shall not conduct additional public hearings. [1991 c.735 §15; 2013 c.371 §19]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.978 - Review of application; additional information.

(1) After the State Department of Geology and Mineral Industries issues a notice to proceed, the consolidated application shall be considered complete unless:
(a) New information is available that could not have been presented at the time of the completeness hearing; or
(b) Additional information is necessary to allow the permitting or cooperating agencies to make a determination regarding whether to issue or deny a permit or to issue the permit with conditions attached.
(2) The permitting and cooperating agencies may continue to review an application while in the process of requesting additional information. However, the department shall conduct an additional public hearing under ORS 517.977 if the agencies determine that additional information is significant to the issuance or denial of a permit. [1991 c.735 §16]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.979 - Environmental evaluation; review of baseline data; payment of costs of third party contractor.

(1) The State Department of Geology and Mineral Industries shall direct staff or shall hire a third party contractor to:
(a) Prepare an environmental evaluation;
(b) Review baseline data submitted by the applicant; and
(c) Review application material if a permitting agency or a cooperating agency lacks the expertise.
(2) The applicant shall pay costs of hiring a third party contractor. If the applicant shows cause why a particular third party contractor should not be allowed to perform a function under subsection (1) of this section, the department shall hire an alternate contractor.
(3) The contents of the environmental evaluation under subsection (1) of this section shall include:
(a) An analysis of the reasonably foreseeable impacts of an activity including catastrophic consequences, even if the probability of occurrence is low, if the analysis is supported by credible scientific evidence and is not based on pure conjecture.
(b) An assessment of the total cumulative impact on the environment that results from the incremental impact of an action when added with other past, present and reasonably foreseeable future actions, regardless of the agency or persons that undertake the other action, or whether the actions are on private, state or federal land. To the extent possible, the department shall enter into a memorandum of agreement with federal agencies to ensure that information required by the state in evaluating the cumulative impact of a proposed mining operation may be used by the applicant to satisfy federal requirements for such an assessment.
(c) A review and analysis of alternatives analyzed by the applicant or a contractor hired by the applicant that:
(A) Rigorously explores and objectively evaluates all reasonable alternatives and briefly discusses alternatives that were eliminated and the reasons the alternatives were eliminated;
(B) Treats each alternative, including the proposed action, in detail so that the permitting agencies, cooperating agencies and the public may evaluate the comparative merits of the alternatives; and
(C) Identifies all alternatives within the authority of each permitting or cooperating agency.
(4) Upon completion of the environmental evaluation, the State Department of Geology and Mineral Industries shall provide notice in accordance with ORS 517.959. The notice shall state that the environmental evaluation is complete and that the persons may respond with written comments for a period of two weeks after the notice is given. [1991 c.735 §17; 2013 c.371 §20]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.980 - Socioeconomic impact analysis.

Concurrent with the development of the environmental evaluation, the State Department of Geology and Mineral Industries shall direct staff or hire a third party contractor to prepare a socioeconomic impact analysis for the use of the applicant, local government and affected agencies. [1991 c.735 §18]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.981 - Draft permit and permit conditions; denial of permit; time limits; public hearing on draft permit.

(1) Within 225 days after receiving the completed consolidated application and the environmental evaluation conducted under ORS 517.979, each permitting agency shall provide its draft permit and permit conditions or its denial document to the State Department of Geology and Mineral Industries. If a permitting agency includes in its draft permit a condition that is inconsistent with the environmental evaluation conducted pursuant to ORS 517.979, the agency shall include with its draft permit a written explanation of the condition setting forth the findings of the agency that support the condition. The State Department of Geology and Mineral Industries shall assure that the conditions imposed on the permits by the cooperating agencies do not conflict. If the department finds a conflict exists, the technical review team shall resolve the conflict.
(2) Within 15 days after receiving all draft permits and the completion of its draft operating permit, the State Department of Geology and Mineral Industries shall issue notice of an opportunity for public comment and a consolidated public hearing on all draft permits. The public hearing shall occur not sooner than 45 days after the department issues the notice. The notice shall be issued in accordance with ORS 517.959. [1991 c.735 §19]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.982 - Final permits; permit conditions submitted by cooperating agencies.

(1) Based on information received at the consolidated public hearing, from persons submitting written comments, commenting agencies and the review of the affected agencies, each permitting agency shall, within 45 days after the consolidated public hearing under ORS 517.981 or within the time period required by any applicable federal law, whichever is sooner, approve, deny or modify the agency’s permit with conditions necessary to ensure that the mining operation allowed under a permit complies with the standards and requirements applicable to the permit.
(2) Each cooperating agency shall:
(a) Develop permit conditions within the expertise and authority of the cooperating agency that are reasonable and designed to avoid or minimize the adverse effect; and
(b) Submit the permit conditions to the State Department of Geology and Mineral Industries to be included as conditions on the department’s permit.
(3) The department may not issue a permit until each cooperating agency has submitted a written concurrence with the terms and conditions of the permit pertaining to the statutory responsibility of each cooperating agency or 60 days after the consolidated public hearing, whichever is earlier.
(4) Upon completion of the permits, the department shall issue a notice in accordance with ORS 517.959 to notify interested persons that the final permits are issued. [1991 c.735 §20; 2013 c.371 §21; 2017 c.736 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.984 - Modification of permit; project coordinating committee.

(1) The operator, the State Department of Geology and Mineral Industries, any other permitting agency or a cooperating agency may request modification of a permit issued under the process established under ORS 517.952 to 517.989.
(2) If a permitting agency is requested to make a permit modification that the permitting agency or a cooperating agency finds is a significant permit modification under the provisions of ORS 517.952 to 517.989, the agency shall notify the State Department of Geology and Mineral Industries. The department shall coordinate the organization of a project coordinating committee. The project coordinating committee shall review the proposed modification and determine those portions of ORS 517.952 to 517.989 with which the applicant must comply. The decision of the project review committee shall be:
(a) Limited to those portions of the mining operation to be modified; and
(b) Consistent with public participation as set forth in ORS 517.952 to 517.989. [1991 c.735 §22; 2007 c.318 §26; 2013 c.371 §22]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.985 - Rulemaking.

In accordance with applicable provisions of ORS chapter 183, the governing board of the State Department of Geology and Mineral Industries shall adopt rules necessary to implement the provisions of ORS 517.952 to 517.989. The rules shall include but need not be limited to:
(1) The information required to be submitted in a notice of intent;
(2) The fee that the department may collect from a person requesting inclusion on the master list under ORS 517.959; and
(3) The form and content of the consolidated application. [1991 c.735 §23]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.986 - Time limit for final action on permit subject to consolidated application process.

Notwithstanding any other provision of law, the State Department of Geology and Mineral Industries and any other permitting agency shall take final action to issue or deny a permit subject to the consolidated application process set forth in ORS 517.952 to 517.989 within one year after issuance of a notice to proceed under ORS 517.977. However, with the concurrence of the applicant, the processing of the application may be suspended for a period of time to allow the applicant to resolve issues having a bearing on, or necessary to any permitting agency’s decision or the department’s decision on whether to issue or deny a permit. [1991 c.735 §24]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.988 - Permit conditions by State Department of Fish and Wildlife; violations of State Department of Fish and Wildlife conditions.

(1) The State Department of Fish and Wildlife shall develop conditions for the protection of fish and wildlife resources that shall be included in any permit issued by the State Department of Geology and Mineral Industries under the process established under ORS 517.952 to 517.989.
(2) The State Department of Fish and Wildlife shall have the right of ingress and egress to and from a mine operating under a permit that includes conditions imposed pursuant to subsection (1) of this section, doing no unnecessary injury to the property of the mine operator, to determine whether the operator is complying with such conditions. If the State Department of Fish and Wildlife determines that a violation has occurred, the State Department of Fish and Wildlife shall inform the State Department of Geology and Mineral Industries of the violation and the State Department of Geology and Mineral Industries shall cooperate with the State Department of Fish and Wildlife to take appropriate enforcement action. [1991 c.735 §24b; 2013 c.371 §23]
Note:
517.988 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 517 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.989 - Rules applicable to consolidated application.

(1) Except as provided in subsections (2) and (3) of this section, the State Department of Geology and Mineral Industries and all permitting and commenting agencies shall review and take action on a consolidated application in accordance with rules in effect at the time the notice of intent to submit an application is filed under ORS 517.961.
(2) Subsection (1) of this section shall not apply to a consolidated application if:
(a) An applicant is responsible for unreasonable delays in the processing of the application or fails to make a good faith effort to comply with all requirements for issuance of the permit;
(b) Application of a statute or rule is required under federal law or is a requirement for the state to maintain approval of or delegation of administration of a federal program; or
(c) The department, or a permitting agency or commenting agency, finds that application of a rule is necessary to protect the public from a serious threat to human health or safety. [1995 c.503 §2; 2013 c.371 §24]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.990 - Criminal penalties.

(1) A person who conducts a surface mining operation without a valid operating permit as required by ORS 517.750 to 517.901 commits a Class A violation.
(2) Subject to ORS 153.022, violation of any provision of ORS 517.750 to 517.901, or any rules promulgated pursuant thereto, or of any conditions of an operating permit is a Class A violation.
(3) Subject to ORS 153.022, violation of ORS 517.910 to 517.989, or any rules promulgated pursuant thereto, or of any conditions of an operating permit for a nonaggregate surface mining operation is punishable, upon conviction, by a fine of not more than $10,000.
(4) Notwithstanding any other provision of the law, a person who conducts a nonaggregate surface mining operation without a valid operating permit as required by ORS 517.910 to 517.989 shall be punished, upon conviction, by a fine of not more than $10,000.
(5) A person commits a violation subject to a fine of not more than $10,000 if the person knowingly or recklessly causes substantial harm to human health or the environment while:
(a) Conducting a surface mining operation without a valid operating permit as required by ORS 517.750 to 517.901; or
(b) Violating an operating permit, a reclamation plan, a provision of this chapter or any rule adopted by the State Department of Geology and Mineral Industries to carry out the provisions of this chapter.
(6) For purposes of this section, "substantial harm to human health or the environment" means:
(a) Physical injury, as defined in ORS 161.015, or risk of serious physical injury, as defined in ORS 161.015, to humans; or
(b) Substantial damage to wildlife, plants, aquatic and marine life, habitat or stream buffers. [Amended by 1953 c.188 §2; subsection (3) enacted as 1957 c.580 §11; 1971 c.743 §398; subsection (4) enacted as 1971 c.719 §18; subsections (5) and (6) enacted as 1981 c.622 §14; 1985 c.292 §1; 1987 c.260 §4; 1993 c.742 §115; 1999 c.1051 §196; 2007 c.318 §13; 2013 c.371 §25]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.017 - Fees; rules; disposition of fees.

(1) The following fees are established under this chapter:
(a) The application fee for a permit to drill a well is $2,000.
(b) The fee to modify a well permit, information hole permit or seismic program permit is $2,000.
(c) The annual renewal fee for a well permit, information hole permit or seismic program permit is $1,160.
(d) The application fee for a permit to drill an information hole may not exceed $2,000 per five information holes drilled in a contiguous 640-acre area. The State Department of Geology and Mineral Industries shall base the fee on the estimated cost of review and approval and the number and location of information holes to be drilled.
(e) The fee for approval of a seismic program may not exceed $2,000. The department shall base the fee on the estimated cost of review and approval.
(f) A permittee that requests to transfer a well permit, information hole permit or seismic program permit must pay a nonrefundable fee of $2,000 at the time of the request.
(2) The governing board of the department by rule may specify a schedule of fees for costs incurred by the department for activities related to field designation for purposes of this section.
(3) All moneys received by the department under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the Geology and Mineral Industries Account established in ORS 516.070. [2007 c.672 §3; 2020 s.s.2 c.4 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.025 - Permit for drilling well or using well; extension; annual report; grounds for granting or denying permit.

(1) A person may not drill or use a well without first obtaining a permit from the State Department of Geology and Mineral Industries and posting any bond that may be required pursuant to ORS 520.095 (1). When drilling has been completed, the well must be maintained under a permit until it is properly plugged and the site is reclaimed.
(2) A permittee maintaining or operating a well shall provide the department with an annual report on a form provided by the department. Subject to the determinations in subsection (3) of this section, a permittee shall renew the permit for a well by paying the fee established under ORS 520.017.
(3)(a) If upon receipt of the application the department determines that the method and equipment to be used by the applicant in drilling or operating the well comply with applicable laws and rules, the department shall issue the permit.
(b) The department may refuse to issue, refuse to renew or revoke a permit issued pursuant to this section if the department determines that methods or equipment to be used or being used in drilling or operating the well do not comply with applicable laws or rules, or that the well will not be operated and maintained or is not being operated or maintained in compliance with the permit and applicable laws or rules. [1953 c.667 §5; 1973 c.276 §2; 1977 c.296 §3; 1981 c.146 §1; 1991 c.526 §1; 2007 c.672 §4; 2020 s.s.2 c.4 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.027 - Information holes; holes drilled as part of seismic program; trade secrets.

(1) A person may not drill an information hole or a hole drilled as part of a seismic program without first applying for approval from the State Department of Geology and Mineral Industries and paying the fee established in ORS 520.017. The application must be submitted on a form provided by the department and must include all information requested by the department.
(2) A person issued an approval under this section shall comply with all terms of the department’s approval and any other applicable law or rule. The department may not require the person receiving approval under this section to provide information from seismic programs. The department may require the submittal of information from information holes, but the information is a trade secret under ORS 192.345 and is not subject to public disclosure under ORS 192.311 to 192.478. [2007 c.672 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.045 - Determination of waste of oil or gas.

The State Department of Geology and Mineral Industries may determine whether waste of oil or gas over which it has jurisdiction exists or is imminent. In the exercise of such power the department may:
(1) Collect data.
(2) Make investigations and inspections.
(3) Examine properties, leases, papers, books and records, including drilling records and logs.
(4) Examine, check, test and gauge oil and gas wells and tanks.
(5) Hold hearings.
(6) Provide for the keeping of records and the making of reports.
(7) Take such action as may be reasonably necessary to enforce this chapter. [1953 c.667 §6; 2007 c.672 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.055 - General jurisdiction and authority of board; tidal lands; rules.

(1) The governing board of the State Department of Geology and Mineral Industries has jurisdiction and authority over all persons and property, including tidal submerged and submersible lands of this state under ORS 274.705 to 274.860, necessary to enforce effectively this chapter and all other laws relating to the conservation of oil and gas.
(2) In addition to and not in lieu of any other powers granted under this chapter, the board may adopt rules and issue orders necessary to regulate geological, geophysical and seismic surveys on, and operations to remove sulfur from, the tidal submerged and submersible lands of this state under ORS 274.705 to 274.860. [1953 c.667 §4; subsection (2) enacted as 1961 c.619 §40; 1969 c.594 §57; 2007 c.672 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.097 - Abandonment or completion of well; well logs and records; trade secrets.

(1) For a period of two years from the date of abandonment or completion of a well, all well logs and records and well reports submitted to the State Department of Geology and Mineral Industries are trade secrets under ORS 192.345 and are not subject to public disclosure under ORS 192.311 to 192.478, and all drill cuttings and cores may not be disclosed to the public unless such protection is waived by the permittee or disclosure is required by a court order.
(2) The department may extend the period under subsection (1) of this section up to an additional five years on the request of the permittee or the permittee’s successor in interest. [2007 c.672 §12]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.125 - Authority of board to summon witnesses and require production of evidence.

(1) The governing board of the State Department of Geology and Mineral Industries may summon witnesses, administer oaths and require the production of records, books and documents for examination at any hearing or investigation conducted before the board.
(2) In case of failure or refusal on the part of any person to comply with the subpoena issued by the board or in the case of the refusal of any witness to testify as to any matter regarding which the witness may lawfully be interrogated it shall be the duty of the circuit court of any county or any judge thereof, upon application of the board, to issue an order to show cause why such person should not be held for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
(3) The board may, in any matter before the board, cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil suits in the circuit courts of this state. [1953 c.667 §13; 2005 c.22 §374; 2007 c.672 §13]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.145 - Judicial review of board or department actions.

Any person adversely affected by any rule adopted by the governing board of the State Department of Geology and Mineral Industries under this chapter or any order issued by the board or the State Department of Geology and Mineral Industries under this chapter may obtain judicial review thereof pursuant to ORS chapter 183. [1953 c.667 §15; 1961 c.671 §20; 1979 c.562 §15; 1981 c.146 §3; 2007 c.672 §14]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.155 - Records, accounts, reports and writings not to be falsified, altered, destroyed or removed from state.

A person may not, for the purpose of evading the provisions of this chapter or any rule adopted or order issued under this chapter, make or cause to be made any false entry or statement in a report required by this chapter or by any rule or order under this chapter, make or cause to be made any false entry in any record, account or other writing required by this chapter or by any rule or order under this chapter, omit or cause to be omitted from any such record, account or writing full, true and correct entries as required by this chapter or any rule or order under this chapter, or remove from this state or destroy, mutilate, alter or falsify any such record, account or writing. [1953 c.667 §16; 2007 c.672 §15]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.165 - Aiding or abetting in violation of chapter prohibited.

A person may not knowingly aid or abet any other person in the violation of any provision of this chapter or any rule adopted or order issued under this chapter. [1953 c.667 §17; 2007 c.672 §16]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.175 - Injunctions to restrain violation or threatened violation of chapter.

(1) Whenever it appears that any person is violating or threatening to violate any provision of this chapter or any rule adopted or order issued under this chapter, the governing board of the State Department of Geology and Mineral Industries may bring an action against such person in the circuit court of any county where the violation occurs or is threatened, to restrain such person from continuing such violation. In any such action, the court shall have jurisdiction to grant to the board, without bond or other undertaking, such temporary restraining orders or final prohibitory and mandatory injunctions as the facts may warrant, including any such orders restraining the movement or disposition of oil or gas.
(2) If the board fails to bring an action to enjoin a violation or threatened violation of any provision of this chapter or any rule adopted or order issued under this chapter, within 60 days after receipt of a written request to do so by any person who is or will be adversely affected by such violation, then the person making such request may bring an action to restrain such violation or threatened violation in any court in which the board might have brought such action. The board shall be made a party defendant in such action in addition to the person or persons bringing the action and the action shall proceed and injunctive relief may be granted without bond in the same manner as if the action had been brought by the board. [1953 c.667 §18; 1979 c.284 §162; 2007 c.672 §17]
Note:
Sections 1 to 3, chapter 406, Oregon Laws 2019, provide:
Sec. 1.
Section 2 of this 2019 Act is added to and made a part of ORS chapter 520. [2019 c.406 §1]
Sec. 2.
(1) A person may not use hydraulic fracturing in the exploration for or the production of oil and gas in this state.
(2) As used in this section, "hydraulic fracturing" means the drilling technique of expanding existing fractures or creating new fractures in rock by injecting water, with or without chemicals, sand or other substances, into or underneath the surface of the rock for the purpose of stimulating oil or gas production. "Hydraulic fracturing" does not mean drilling required for:
(a) Natural gas storage wells;
(b) Geothermal wells or activities related to exploration for geothermal energy; and
(c) Coal bed methane extraction wells in existence as of the effective date of this 2019 Act [June 17, 2019]. [2019 c.406 §2]
Sec. 3.
This 2019 Act is repealed on January 2, 2025. [2019 c.406 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.210 - Establishment of spacing units for pool or field; purpose; scope; effect.

(1) When necessary to prevent waste of oil or gas, to avoid the drilling of unnecessary wells or to protect correlative rights, the governing board of the State Department of Geology and Mineral Industries shall establish spacing units for a pool or field. Spacing units when established shall be of uniform size and shape for the entire pool or field, except that when found to be necessary for any of the above purposes the board is authorized to divide any pool or field into zones and establish spacing units for each zone, which units may differ in size and shape from those established in any other zone. The board may not establish spacing units for injection wells, withdrawal wells or monitoring wells drilled for the purpose of storing gas or other gaseous substances, or wells drilled for the underground disposal of fluids.
(2) The size and shape of spacing units shall be such as will result in efficient and economical development of the pool or field as a whole and the size thereof may not be smaller than the maximum area that can be efficiently drained by one well.
(3) An order establishing spacing units for a pool or field shall specify the size and shape of each unit and the location of each permitted well thereon in accordance with a reasonably uniform spacing plan. If an owner finds that a well drilled at the prescribed location would not produce in paying quantities or that surface conditions would substantially add to the burden or hazard of drilling such well, then the owner may apply to the department for permission to drill a well at a location other than that prescribed by such spacing order. The department shall notify adjacent mineral owners of such application and any such owner may request a hearing by the board to consider the application. If no request for a hearing is made in writing within 20 days, the department may issue an order approving the drilling site. Any order by the board or department under this section shall include in the order suitable provisions to prevent the production from the spacing unit of more than its just and equitable share of the oil and gas in the pool.
(4) An order establishing spacing units for a pool or field shall cover all lands determined or believed to be underlaid by such pool or field and may be modified by the board from time to time to include additional areas determined to be underlaid by such pool or field. When necessary to prevent waste of oil or gas, to protect correlative rights or to provide for more efficient drainage, an order establishing spacing units in a pool or field may be modified by the board to increase the size of spacing units for future wells in a pool or field or any zone thereof or to permit the drilling of additional wells on a reasonably uniform plan in such pool, field or zone. [Formerly 520.065; 1981 c.146 §4; 2007 c.672 §18]