reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.775 - Permit fee for certain landowners and operators; erosion stabilization at mining operations exempt from reclamation.

Notwithstanding the provisions of ORS 517.770:
(1) Any landowner or operator conducting surface mining on July 1, 1972, shall pay the permit fee as provided in ORS 517.800; and
(2) The State Department of Geology and Mineral Industries shall require the landowner or operator to complete erosion stabilization upon completion of mining at a mining operation exempt from reclamation under ORS 517.770. [1971 c.719 §17; 1979 c.435 §4; 1985 c.292 §17; 1987 c.260 §3; 1987 c.361 §2; 1999 c.492 §2; 2009 c.270 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.780 - Effect on county zoning laws or ordinances; rules; certain operations exempt.

(1)(a) The provisions of ORS 517.702 to 517.989 and the rules and regulations adopted thereunder do not supersede any county zoning laws or ordinances in effect on July 1, 1972. However, if the county zoning laws or ordinances are repealed on or after July 1, 1972, the provisions of ORS 517.702 to 517.989 and the rules and regulations adopted thereunder are controlling. The governing board of the State Department of Geology and Mineral Industries may adopt rules and regulations with respect to matters covered by county zoning laws and ordinances in effect on July 1, 1972.
(b) If the county zoning laws or ordinances specified in paragraph (a) of this subsection are repealed by a county:
(A) The department may allow a surface mining operation that previously operated under a valid county operating permit and reclamation plan to continue to operate for a period not to exceed one year if the landowner or operator applies for an operating permit under ORS 517.790 within 60 days after the date the county’s repeal of the zoning laws or ordinances becomes effective, pays all applicable fees to the department and submits a bond or security to the department as required by ORS 517.810. Pending issuance of an operating permit and approval of a reclamation plan by the department, the county permit is deemed to remain in effect and is enforceable by the department.
(B) The department, in issuing a permit and approving a reclamation plan for a surface mining operation that previously operated under a valid county operating permit as described in paragraph (a) of this subsection, may incorporate any provisions from the county operating permit into the permit issued by the department and the reclamation plan approved by the department if the department determines that the provisions provide adequate protection of the public health, safety and welfare and the environment.
(C) The department may issue a certificate of exemption from reclamation requirements as described in ORS 517.770 (1)(b).
(2) City or county operated surface mining operations that sell less than 5,000 cubic yards of minerals within a period of 12 consecutive calendar months are exempt from the state mining permit requirements of ORS 517.702 to 517.989 if the city or county adopts an ordinance that includes a general reclamation scheme establishing the means and methods of achieving reclamation for city or county operated surface mining sites exempted from the state permit requirements by this subsection. [1971 c.719 §16; 1975 c.724 §3; 1977 c.524 §1; 1979 c.435 §1; 1983 c.20 §1; 1985 c.292 §6; 1987 c.361 §9; 2003 c.14 §340; 2007 c.318 §6; 2009 c.270 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.795 - Department to consult with and cooperate with other agencies.

(1) The State Department of Geology and Mineral Industries shall consult with other state agencies as necessary to ensure that rules developed by the department and those agencies regarding exploration or monitoring well requirements for sites described under ORS 517.790 do not conflict.
(2) The department and any other state agencies imposing requirements for exploration or monitoring wells for sites described under ORS 517.790 may enter into agreements for the department to act on behalf of the agencies in informing the landowner or operator of the requirements and overseeing enforcement of the requirements. [1997 c.184 §1]
Note:
517.795 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 517.797 - Memorandum of agreement with Department of State Lands regarding permitting.

(1) As used in this section, "surface mining" has the meaning given that term in ORS 517.750 and "waters of this state" has the meaning given that term in ORS 196.800.
(2) The Department of State Lands and the State Department of Geology and Mineral Industries may enter into a memorandum of agreement concerning surface mining as described in subsection (3) of this section.
(3) The memorandum described in subsection (2) of this section may assign sole responsibility for permitting to the State Department of Geology and Mineral Industries when the surface mining would otherwise be under the permitting jurisdiction of both the Department of State Lands and the State Department of Geology and Mineral Industries because:
(a) Part of the surface mining is located within the beds or banks of any waters of this state; and
(b) Part of the surface mining is located upland from the beds or banks of any waters of this state.
(4) Prior to any permitting pursuant to the provisions of subsection (3) of this section, the State Department of Geology and Mineral Industries shall consult with the Department of State Lands regarding any conditions necessary to protect the waters of this state. [2011 c.406 §1]
Note:
517.797 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 517.810 - Requirement for bond or security; rules; other security in lieu of bond.

(1) Before issuing or reissuing an operating permit for any surface mining operation or issuing or reissuing an exploration permit for any exploration activity, the State Department of Geology and Mineral Industries shall require that the applicant for the permit file with it a bond or security acceptable to the department in a sum to be determined by the department but in an amount not to exceed the total cost for reclamation if the department were to perform the reclamation. The decision of the department may be appealed to the governing board of the State Department of Geology and Mineral Industries as provided in ORS chapter 183. The bond or security shall be conditioned upon the faithful performance of the reclamation plan and of the other requirements of ORS 517.702 to 517.989 and the rules adopted thereunder.
(2) Nothing in this section shall apply to any public body, as defined in ORS 174.109.
(3) In lieu of the bond or other security required of the applicant in subsection (1) of this section, the department may accept a similar security from the landowner, equal to the estimated cost of reclamation as determined by the department in consultation with the operator or explorer. The decision of the department may be appealed to the governing board as provided in ORS chapter 183.
(4) In lieu of the bond required by subsection (1) of this section, the department may accept a blanket bond covering two or more surface mining sites or exploration projects operated by a single company, owned by a single landowner or operated by all members of an established trade association, in an amount, established by the department, not to exceed the amount of the bonds that would be required for separate sites.
(5) The governing board shall identify by rule the procedures for the determination of the amount of the bond or other security required of an applicant for an operating permit or exploration permit. The rules:
(a) Shall provide an opportunity for participation by the applicant as part of the procedures; and
(b) May allow for the amount of the bond to be calculated and adjusted based upon the total area expected to be in a disturbed condition in the following year as a result of the surface mining or exploration operation.
(6) Any deposit of moneys accepted and held by the department as a form of security pursuant to the provisions of this section shall be deposited in the Reclamation Guarantee Fund. [1971 c.719 §8; 1975 c.724 §4; 1979 c.435 §5; 1983 c.497 §1; 1985 c.291 §1a; 1985 c.292 §9; 1987 c.361 §5; 1989 c.347 §11; 1999 c.492 §3; 2005 c.34 §6; 2015 c.834 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.813 - Reclamation Guarantee Fund.

(1) The Reclamation Guarantee Fund is established in the State Treasury, separate and distinct from the General Fund. The Reclamation Guarantee Fund shall consist of deposits of moneys received under ORS 517.810.
(2) Interest earned on the Reclamation Guarantee Fund shall be paid to the State Treasury and deposited in the General Fund to the credit of the Geology and Mineral Industries Account.
(3) The State Department of Geology and Mineral Industries shall annually prepare and submit to the governing board of the department a report on the financial status of the Reclamation Guarantee Fund. [2015 c.834 §5]
Note:
517.813 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 517.815 - Reclamation bond pooling program; requirements; rules.

(1) The State Department of Geology and Mineral Industries may establish and administer a program that provides for the pooling of reclamation bonds to assist:
(a) An operator in complying with the reclamation bond requirements of ORS 517.810;
(b) A person engaging in small mining operations or small exploration projects on federally managed lands to comply with financial guarantee requirements imposed by the Federal Land Policy and Management Act of 1976 (P.L. 94-579) or regulations adopted to implement the Act under 43 U.S.C. 1740; or
(c) A person engaging in any form of mining or exploration to comply with bonding requirements imposed pursuant to county ordinance.
(2) The program must:
(a) Be designed to reduce the financial burden of obtaining a reclamation bond for mining or exploration.
(b) Require each person participating in the program to:
(A) Pay an amount into the pool each year that is actuarially determined to enable the program to be self-sustaining and pay for the costs of the department in administering the program;
(B) Execute an agreement, on a form provided by the department, to indemnify the pool for any claims made against the reclamation bond; and
(C) Provide security approved by the State Geologist, if the State Geologist considers security necessary to ensure against the possible forfeiture of the reclamation bond.
(c) Use the moneys in the pool to cover the bonded liability of persons participating in the program.
(d) Provide a limit on the total bonded liability of any person that may be covered under the program.
(e) Provide conditions for the release or forfeiture of bonds.
(f) Provide that a person that participates in the program has obtained security acceptable to the department as required by ORS 517.810.
(3) The department may adopt rules relating to the development and administration of the program established under this section. [2003 c.646 §2]
Note:
517.815 was added to and made a part of 517.702 to 517.989 by legislative action but was not added to any smaller series therein. 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 517.820 - Extensions of time for submission of proposed reclamation plans; time limit for reclamation completion; consultation with cooperating agencies.

(1) Upon good cause shown, the State Department of Geology and Mineral Industries may grant reasonable extensions of time for the completion by the landowner or operator and the submission to the department of a proposed reclamation plan required by ORS 517.790. Each reclamation plan submitted to the department must provide that all reclamation activities shall be completed within three years after the termination of mineral extraction from the surface mining operation conducted within each separate area for which an operating permit is requested. Each such reclamation plan shall be approved by the department if it adequately provides for the reclamation of surface-mined lands.
(2) Prior to approving a proposed reclamation plan, the department shall consult with all other cooperating agencies and appropriate local planning authorities. [1971 c.719 §5; 1977 c.59 §2; 2007 c.318 §17; 2017 c.736 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.825 - Mining aggregate on high-value farmland; requirements; rules.

(1) As used in this section, "significant aggregate resource" means the average minimum depth of aggregate, determined by rule of the Land Conservation and Development Commission, that is required for a local government to find that the aggregate resource is significant pursuant to a statewide land use planning goal that protects natural resources and conserves scenic, historic and open space resources.
(2) When the State Department of Geology and Mineral Industries issues an operating permit under ORS 517.790 for mining aggregate on high-value farmland composed predominantly of Class I and Class II soils in the Willamette Valley, the department shall require:
(a) An operator or owner to excavate substantially all of the significant aggregate resource within the operating permit boundary, not including any buffer, setback and sloping areas:
(A) To the extent that the removal of the significant aggregate resource can be done in a manner that is consistent with operating permit conditions imposed by the department; and
(B) Subject to limitations imposed by other federal, state or local regulatory requirements.
(b) An applicant to demonstrate to the satisfaction of the department that the operator or owner has the mechanical ability to comply with paragraph (a) of this subsection.
(c) Performance of the requirements of paragraph (a) of this subsection before approving final reclamation and closure of the mining operation, unless:
(A) The operator or owner defaults as described in ORS 517.860; or
(B) Performance is not required due to changed conditions or new information that justify a permit modification under ORS 517.831.
(3) The acceptance by the department of a plan to mine in compliance with subsection (2)(a) of this section does not establish a depth standard for purposes of land use permits or authorizations.
(4) The time limitations imposed on the department under ORS 517.830 do not apply to an application for an operating permit, or the transfer of a permit under ORS 517.833, that is subject to this section.
(5) This section does not require the operator or owner to provide bond or security to excavate to the permitted depth. [2013 c.706 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.831 - Modification of operating permit or reclamation plan; opportunity for alternative dispute resolution.

(1) Except as provided in subsection (2) of this section, the State Department of Geology and Mineral Industries may not modify an operating permit or reclamation plan without the consent of the operator.
(2) The department may modify an operating permit or reclamation plan without the consent of the operator if, because of changed conditions at the permitted site or because of information otherwise not available to the department at the time of permit issuance or reclamation plan establishment, the department finds, by substantial evidence, that a modification is justified due to the potential for:
(a) Substantial harm to off-site property;
(b) Harm to threatened or endangered species; or
(c) Channel changes or unstable pit walls.
(3) Modification of an operating permit or reclamation plan without the consent of the operator must be limited to the areas or matters affected by the changed conditions or new information.
(4) If the department modifies an operating permit or reclamation plan without the consent of the operator, the department must provide the operator with an opportunity for alternative dispute resolution in the manner provided in ORS 183.502. [2007 c.318 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.832 - Emergency operating permit; rules.

(1) Notwithstanding ORS 517.810 and 517.830, the State Department of Geology and Mineral Industries may issue an emergency operating permit if:
(a) A natural disaster, including but not limited to a flood or an earthquake, or the effects of a natural disaster threaten significant damage to property or to natural resources; and
(b) A surface mining operation is necessary to abate the threat.
(2) The governing board of the department shall adopt rules governing the issuance of emergency operating permits. The rules shall include provisions:
(a) Ensuring that emergency operating permits are not issued over the objection of affected federal agencies or public bodies, as defined in ORS 174.109;
(b) Specifying the terms of an emergency operating permit;
(c) Establishing procedures for converting an emergency operating permit to a standard operating permit; and
(d) Establishing procedures for payment of fees under ORS 517.800. [2005 c.34 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.833 - Transfer of operating permit; rules.

(1) A person who by sale, assignment, lease or other means has succeeded in interest to an uncompleted surface mining operation may request that the State Department of Geology and Mineral Industries release the existing operator from any reclamation obligations and transfer the operating permit to the successor. The department shall transfer the operating permit, unless:
(a) The successor does not agree to full assumption of the reclamation requirements in the operating permit and reclamation plan;
(b) The successor fails to provide a bond or security as required by ORS 517.810;
(c) More than one person has a claim to the property or operating permit and there is a dispute between the claimants that presents a justiciable controversy; or
(d) The successor, as the operator of another permitted site in this state, has failed to substantially comply with the conditions of an operating permit or reclamation plan, the provisions of ORS 517.702 to 517.989 or the rules adopted by the department to carry out the purposes of ORS 517.702 to 517.989.
(2) The governing board of the State Department of Geology and Mineral Industries may adopt rules relating to the responsibilities and duties of a person requesting a transfer of an operating permit under this section. [2007 c.318 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.834 - Temporary operating permit; rules.

(1) Notwithstanding ORS 517.810 and 517.830, the State Department of Geology and Mineral Industries may issue a temporary operating permit to a person if:
(a) After consultation, the local jurisdiction with land use authority over the permitted site does not raise substantive objections to the issuance of the permit;
(b) All cooperating agencies approve of the permit issuance; and
(c) There is no objection from persons owning property adjacent to the permitted site.
(2) A temporary operating permit issued under this section is subject to reasonable limitations that may be prescribed by the department.
(3) Within 30 days after issuing the temporary operating permit, the operator shall:
(a) Comply with the bond and security requirements established by ORS 517.810;
(b) Pay any applicable fee pursuant to ORS 517.800; and
(c) Submit a reclamation plan to the department.
(4) The governing board of the department shall adopt rules governing the issuance of temporary operating permits. The rules shall include provisions:
(a) Ensuring opportunities for notice and comment by federal agencies;
(b) Specifying the terms of a temporary operating permit; and
(c) Establishing procedures for converting a temporary operating permit to a standard operating permit. [2005 c.34 §4; 2017 c.736 §14]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.835 - Conditions on operating permit or reclamation plan to prevent impact on ground water.

(1) Notwithstanding ORS 517.831, the State Department of Geology and Mineral Industries may require conditions on any new or existing surface mining operating permit or reclamation plan sufficient to prevent or mitigate off-site impacts to ground water resources from the removal of water from surface mining operations. The department may include ground water monitoring as one of the conditions.
(2) The department shall consult with the operator and the Water Resources Department in assessing off-site impacts and in developing prevention or mitigation measures prior to imposing any conditions on an operating permit or reclamation plan pursuant to this section.
(3) As used in this section, "mitigation" has the meaning given that term in ORS 517.952. [2003 c.470 §2; 2007 c.318 §9; 2013 c.371 §30]
Note:
517.835 was added to and made a part of 517.702 to 517.989 by legislative action but was not added to any smaller series therein. 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 517.836 - Surveying or marking surface mining operations; rules.

(1)(a) The governing board of the State Department of Geology and Mineral Industries may adopt rules requiring the surveying or marking of surface mining operations.
(b) The rules may include, but are not limited to, requirements for maps or diagrams showing areas excavated or approved for excavation, setbacks or buffers established by the operating permit and the location of buildings, wells, ponds, haul roads, stockpiles, bodies of water and floodways.
(c) The rules may require that information required under this subsection be updated if the mining operations are subject to:
(A) A notice of violation under ORS 517.860;
(B) A suspension order under ORS 517.880; or
(C) A significant modification of the operating permit or reclamation plan under ORS 517.831.
(d) The rules may exempt mining operations from survey or marking requirements based on the size or location of the operations or on the distance of the operations from ground and surface waters.
(e) The rules must allow for reasonable compliance schedules for existing mining operations.
(2) The governing board may adopt rules requiring surface mining operators to collect and report information relating to amount and nature of materials excavated or processed at a surface mining operation and the impacts of mining operations on ground or surface water. [2007 c.318 §4a]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.837 - Annual report by permittee; rules.

A person holding an operating permit issued pursuant to ORS 517.830 shall, no later than March 31 of each year, file an annual report with the State Department of Geology and Mineral Industries. The governing board of the department shall adopt rules describing the information relating to the permit and operations under the permit that must be included in the annual report. [2005 c.34 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.840 - Administration and enforcement of ORS 517.702 to 517.989; rules.

The governing board of the State Department of Geology and Mineral Industries shall administer and enforce the provisions of ORS 517.702 to 517.989 and:
(1) May conduct or cause to be conducted investigations, research, experiments and demonstrations and may collect and disseminate information related to surface mining and the reclamation of surface-mined lands.
(2) May cooperate with other governmental and private agencies of this state or of other states and with agencies of the federal government, including the reimbursement for any services provided by such agencies to the State Department of Geology and Mineral Industries at its request.
(3) May apply for, accept and expend public and private funds made available for the reclamation of lands affected by surface mining in accordance with the purposes of ORS 517.702 to 517.989.
(4) May, in accordance with the applicable provisions of ORS chapter 183, adopt rules to carry out the provisions of ORS 517.702 to 517.989.
(5) Shall establish by rule a program to encourage voluntary reclamation practices that exceed the normal reclamation standards to provide maximum enhancement and benefits from mined lands. The program shall include incentives and other actions that will encourage voluntary reclamation practices.
(6) May receive and manage abandoned mined land funds received for abandoned mined land reclamation from the federal government. [1971 c.719 §3; 1985 c.292 §11; 1989 c.461 §1; 1993 c.342 §2; 1995 c.509 §2; 2007 c.318 §10; 2013 c.371 §27]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.850 - Inspection of permit area.

At such reasonable times as the State Department of Geology and Mineral Industries may elect, the department, after reasonable advance notice has been given to the operator, may cause the permitted site to be inspected to determine if the operator has complied with the operating permit, reclamation plan, this chapter and the rules of the department. [1971 c.719 §9; 1997 c.183 §2; 2007 c.318 §18]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.855 - Disruption of portion of mining property preserved from mining.

(1) Any portion of a mining property that is preserved from mining, including, but not limited to, a setback, buffer zone or no-impact area, may be excavated, reduced, added to, elevated, reshaped, contoured, graded or otherwise disrupted for the purpose of facilitating the reclamation of the mined area or integrating the reclaimed area with its surroundings.
(2) Subsection (1) of this section does not permit the removal for profit of any valuable mineral. [1997 c.186 §2]
Note:
517.855 was added to and made a part of 517.702 to 517.989 by legislative action but was not added to any smaller series therein. 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 517.862 - Revocation, termination or refusal to renew operating permit.

(1) Except as provided in subsection (2) of this section, the State Department of Geology and Mineral Industries may not revoke, terminate or refuse to renew an operating permit if marketable reserves exist at the permitted site and if there is a significant potential for continued mining opportunities given reasonably foreseeable economic conditions.
(2) The department may revoke, terminate or refuse to renew an operating permit if the operator:
(a) Requests termination, provided that all reclamation requirements in the operating permit and reclamation plan have been satisfied;
(b) Fails to pay a fee as required by ORS 517.800 within 60 days of the due date;
(c) Fails to provide or maintain a bond or security as required by ORS 517.810;
(d) Fails to comply with an order issued under ORS 517.860; or
(e) Fails to comply with a suspension order issued under ORS 517.880.
(3) If an operating permit is revoked, terminated or not renewed, the operator may not perform any actions at the permitted site, except that the operator may, after receiving written approval from the department:
(a) Perform actions at the permitted site that are necessary to comply with reclamation requirements in the operating permit or reclamation plan, including but not limited to removal of mining-related stockpiles;
(b) Excavate materials at the permitted site that are necessary for reclamation; and
(c) Remove any excavated materials from buffers, setbacks or other areas not approved for disturbance and restore the areas to the approximate pre-mining contours with materials approved by the department.
(4) The department, in lieu of or in addition to revoking, terminating or refusing to renew an operating permit for the reasons specified in subsection (2) of this section, may recover against the bond or security filed pursuant to ORS 517.810 and reclaim the area affected by surface mining. [2007 c.318 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.865 - Effect of failure to perform reclamation and insufficient bond; lien; notice; priority; foreclosure.

(1) If an operator fails to faithfully perform the reclamation required by the reclamation plan and if the bond or security required by ORS 517.810 is not sufficient to compensate the State Department of Geology and Mineral Industries for all reasonably necessary costs and expenses incurred by it in reclaiming the surface-mined land, the amount due shall be a lien in favor of the department upon all property, whether real or personal, belonging to the operator. However, for any operator that is first issued a permit after June 30, 1989, the lien shall not exceed $2,500 for each site plus $1,500 per acre.
(2) The lien shall attach upon the filing of a notice of claim of lien with the county clerk of the county in which the property is located. The notice of lien claim shall contain a true statement of the demand, the insufficiency of the bond or security to compensate the department and the failure of the operator to perform the reclamation required.
(3) The lien created by this section is prior to all other liens and encumbrances, except that the lien shall have equal priority with tax liens.
(4) The lien created by this section may be foreclosed by a suit in the circuit court in the manner provided by law for the foreclosure of other liens on real or personal property. [1975 c.724 §8; 1983 c.497 §3; 1985 c.291 §4; 1987 c.361 §7; 1999 c.492 §6; 2007 c.318 §19]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.870 - Adjustment of bond or security of operator upon satisfactory completion of reclamation work.

Upon request of the operator, and when in the judgment of the State Department of Geology and Mineral Industries the reclamation has been completed in accordance with the reclamation plan, the operator shall be notified that the work has been found to be satisfactorily performed and is acceptable and the bond or security of the operator shall be adjusted accordingly. [1971 c.719 §11; 1999 c.492 §7; 2007 c.318 §20]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.880 - Order for suspension of surface mining operation operating without required permit; enjoining operation upon failure of operator to comply; completion of reclamation by department.

(1) When the State Department of Geology and Mineral Industries finds that an operator is conducting a surface mining operation for which an operating permit is required by ORS 517.702 to 517.989 or by rules adopted by the department, but has not been issued by the department, the department may issue an order to the operator to suspend the operation until an operating permit has been issued by the department for the surface mining operation or until the department is assured that the operator will comply with the requirement to obtain a permit.
(2) The department may issue an order to an operator to suspend operations if the operator has not complied with or is not complying with the operating permit, reclamation plan, this chapter or rules of the department. Failure to comply includes, but is not limited to, disturbing land within the permit boundary that has not been approved by the department for excavation, placement of debris or removal of vegetation.
(3) If the operator fails or refuses to comply with a suspension order, the Attorney General, at the request of the department, shall initiate any necessary legal proceeding to enjoin the surface mining operation and to provide for completion of the reclamation of the lands affected by the operation, including the restoration of buffers, setbacks or other areas not approved for disturbance. [1971 c.719 §12; 1985 c.292 §12; 1997 c.183 §3; 2007 c.318 §12]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.890 - Review of final determination.

Any final determinations made by the State Department of Geology and Mineral Industries in carrying out the provisions of ORS 517.702 to 517.989 and the rules and regulations adopted thereunder may be reviewed in the manner provided by the applicable provisions of ORS chapter 183. [1971 c.719 §13; 1985 c.292 §13; 1999 c.492 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.901 - Confidentiality of production records, mineral assessments and trade secrets.

Any production records, mineral assessments and trade secrets submitted by a mine operator or landowner to the State Department of Geology and Mineral Industries shall be confidential. [1999 c.492 §10 (enacted in lieu of 517.900)]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.905 - Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951.

(1) ORS 517.910 to 517.989 only apply to surface mines for nonaggregate minerals.
(2) ORS 517.910 to 517.951 do not apply to surface mines for nonaggregate minerals that are subject to the provisions for consolidated operating permits set forth in ORS 517.952 to 517.989. [1981 c.622 §15; 2013 c.371 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.910 - Definitions for ORS 517.910 to 517.989.

For the purposes of ORS 517.910 to 517.989:
(1) "Impact area" has the meaning given that term in ORS 215.298 (1).
(2) "Nonaggregate minerals" means coal and metal-bearing ores, including but not limited to ores that contain nickel, cobalt, lead, zinc, gold, molybdenum, uranium, silver, aluminum, chrome, copper or mercury.
(3) "Reclamation" means, notwithstanding ORS 517.750 (13), the employment in a surface mining operation of procedures reasonably designed to minimize, as much as practicable, the disruption from the surface mining operation or surface mining processing operation and to provide for the rehabilitation of any such surface resources through the use of plant cover, soil stability techniques, measures to protect the surface and subsurface water resources, including but not limited to domestic water use and agricultural water use, and other measures appropriate to the subsequent beneficial use of any land or water resource affected by a surface mining or processing operation.
(4) "Significant mineral resource site" has the meaning given that term in ORS 215.298 (1). [1981 c.622 §3; 1987 c.158 §113; 1987 c.693 §5; 1989 c.347 §14; 1999 c.353 §8; 2007 c.318 §21; 2013 c.371 §2; 2017 c.736 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.915 - Additional operating permit requirements for nonaggregate mineral mines; denial of permit if reclamation not possible.

(1) In addition to any other provision of law, the State Department of Geology and Mineral Industries shall not issue an operating permit until:
(a) The department has received a reclamation plan that contains but is not limited to:
(A) A description of the proposed mining operation;
(B) A description of what is to be mined;
(C) The present use of the land, the planned subsequent beneficial use of the land and a list of plant species to be established;
(D) The measures that will adequately conserve the quantity and quality of the affected aquifers;
(E) A description of any toxic or radioactive materials known to be present in the ore, spoil, tailings, overburden or any other material involved in the mining operation and their approximate concentrations;
(F) A description of how the materials described in subparagraph (E) of this paragraph will be handled during mining and reclamation;
(G) Environmental baseline information as may be required by the department; and
(H) The name and address of the landowner, the owner of the surface estate, the operator and any parent corporations of the operator.
(b) The department has received a performance bond as it may require.
(c) The department finds that reclamation is possible and that the reclamation plan as approved will achieve the reclamation of affected lands.
(2) If the department finds that reclamation cannot be accomplished, it shall not issue an operating permit.
(3) The department shall obtain, whenever possible, a list of plant species suitable for reseeding in the area pursuant to a reclamation plan and comments on the feasibility of permanent revegetation from the soil and water conservation district in which the mined land is situated.
(4) The department shall consult with affected public bodies, as defined in ORS 174.109, regarding the feasibility of reclamation, with particular attention to possible impacts on ground water aquifers. [1981 c.622 §§4,5,9; 1985 c.292 §18; 1987 c.361 §3; 2013 c.371 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.917 - Activation of project coordinating committee.

Upon receipt of an application for an operating permit subject to ORS 517.915 to mine a significant mineral resource site, the State Department of Geology and Mineral Industries shall activate a project coordinating committee as defined in ORS 517.952. The project coordinating committee shall be composed as provided in, and shall carry out the responsibilities as set forth in, ORS 517.965. [2017 c.736 §11]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.920 - Permit application fees under ORS 517.910 to 517.989.

Each application for an operating permit under ORS 517.910 to 517.989 shall be accompanied by a fee sufficient to cover the costs of the State Department of Geology and Mineral Industries in processing the application as determined by the department. [1981 c.622 §8; 1989 c.347 §15; 1989 c.461 §2; 1991 c.735 §30; 2013 c.371 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.930 - Department inspection.

Notwithstanding ORS 517.850, if the State Department of Geology and Mineral Industries has reason to believe that the provisions of an operating permit are being violated or that a surface mining operation is being conducted without a valid operating permit, it may inspect such surface mining areas without prior notice. [1981 c.622 §7; 1991 c.735 §31; 2007 c.318 §22; 2013 c.371 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.951 - Legislative intent not to assume exclusive jurisdiction.

The Legislative Assembly declares that ORS 517.910 to 517.989 are not intended to provide the legal basis for assumption by the State of Oregon of exclusive jurisdiction over the environmental regulation of surface coal mining and reclamation operations described in section 503 of the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1253). [Formerly 517.955]
Note:
517.951 was added to and made a part of 517.702 to 517.989 by legislative action but was not added to any smaller series therein. 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 517.952 - Definitions for ORS 517.952 to 517.989.

As used in ORS 517.952 to 517.989:
(1) "Affected agency" includes permitting agencies, cooperating agencies and commenting agencies.
(2) "Baseline data" means information gathered to characterize the natural and cultural environments of a mining operation site before a mining operation begins.
(3) "Commenting agency" means any agency that makes recommendations to the State Department of Geology and Mineral Industries or to a permitting agency regarding permit conditions or whether to approve or deny a permit under the consolidated application process established under ORS 517.952 to 517.989.
(4) "Consolidated application" means the single application required under ORS 517.971.
(5) "Environmental evaluation" means an analysis prepared under ORS 517.979 to address specific impacts of the mining operation to allow affected agencies to develop permit conditions.
(6) "Gravity separation" means the separation of mineral particles, with the aid of water or air, according to the differences in the specific gravities of the particles.
(7) "Mining operation" means a surface or underground mine that processes, produces or reclaims metal ore using a method other than, or in addition to, gravity separation to process the ore.
(8) "Mitigation" means the reduction of adverse effects of a proposed mining operation by considering, in the following order:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation;
(c) Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate corrective measures; or
(e) Compensating for the impact by replacing or providing comparable substitute resources or environments.
(9) "Permitting agency" means an agency that has a separate permitting authority for a mining operation.
(10) "Project coordinating committee" means the interagency governmental committee established in accordance with ORS 517.965.
(11) "Technical review team" means the interagency group established in accordance with ORS 517.967. [1991 c.735 §3; 2013 c.371 §6; 2017 c.736 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.953 - Policy.

Notwithstanding the policy set forth in ORS 517.760, the Legislative Assembly finds and declares that 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. [1991 c.735 §2; 2013 c.371 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.954 - Application of ORS 517.952 to 517.989.

ORS 517.952 to 517.989 apply only to mining operations as defined in ORS 517.952. ORS 517.952 to 517.989 do not apply to placer mining. [1991 c.735 §3a; 2013 c.371 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.956 - Requirements for mining operations; rules.

Mining operations in Oregon shall comply with the following:
(1) Mining operations shall be undertaken in a manner that minimizes environmental damage through the use of the best available, practicable and necessary technology to ensure compliance with environmental standards.
(2) Protection measures for fish and wildlife shall be consistent with policies of the State Department of Fish and Wildlife, including:
(a) Protective measures to maintain an objective of zero wildlife mortality. All chemical processing solutions and associated waste water shall be covered or contained to preclude access by wildlife or maintained in a condition that is not harmful to wildlife.
(b) On-site and off-site mitigation ensuring that there is no overall net loss of habitat value.
(c) No loss of existing critical habitat of any state or federally listed threatened or endangered species.
(d) Fish and wildlife mortality shall be reported in accordance with a monitoring and reporting plan approved by the State Department of Fish and Wildlife.
(e) The State Department of Fish and Wildlife shall establish by rule standards for review of a proposed mining operation for the purpose of developing conditions for fish and wildlife habitat protection that satisfy the terms of this section for inclusion in a consolidated permit by the State Department of Geology and Mineral Industries.
(3) Surface reclamation of a mine site shall:
(a) Ensure protection of human health and safety, as well as that of livestock, fish and wildlife;
(b) Ensure environmental protection;
(c) Require certification to the operator, by the State Department of Fish and Wildlife and the State Department of Agriculture, that a self-sustaining ecosystem, comparable to undamaged ecosystems in the area, has been established in satisfaction of the operator’s habitat restoration obligations; and
(d) Include backfilling or partial backfilling as determined on a case-by-case basis by the State Department of Geology and Mineral Industries when necessary to achieve reclamation objectives that cannot be achieved through other mitigation activities. [1991 c.735 §4; 2003 c.14 §341; 2007 c.318 §25; 2013 c.371 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.957 - Department coordination of activities of affected agencies.

The State Department of Geology and Mineral Industries shall coordinate the activities of the affected agencies related to the consolidated application process established under ORS 517.952 to 517.989. [1991 c.735 §5]