reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0045 - Obtaining Bond Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The permittee shall notify the Department when the reclamation has been
			 completed.
(2) The Department
			 shall inspect the reclaimed site. If the Department determines that the
			 permittee has fulfilled the requirements of the approved reclamation plan or
			 decommissioning performance standards, the bonds or other securities will be
			 released. The Department may authorize bond or other security reduction if the
			 reclamation or decommissioning is partially completed.
Stat. Auth.: ORS 517
Stats. Implemented: ORS
				  517.740
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0050 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to the
			 initiation of a formal appeal of any departmental order, notice, or other
			 action, made pursuant to ORS
			 517.750 to
			 517.950 or the rules adopted
			 thereunder, the applicant or permittee shall first request that the State
			 Geologist informally review and resolve the matter. The State Geologist will
			 provide a written decision within 20 days of receipt of such an informal
			 request. If the State Geologist is unable to resolve the informal request, the
			 applicant or permittee may request a contested case hearing. Appeals must be
			 filed within 30 days of receipt of the State Geologist's written decision
			 except as otherwise provided by ORS
			 183.435.
(2) An applicant or permittee requesting a
			 hearing for consideration of any appeal shall state the reasons for requesting
			 the hearing and the objections to the Department's order, notice, or other
			 action.
Stat. Auth.: ORS 517
Stats. Implemented: ORS
				  517.890 &
				  517.992
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0055 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any landowner
			 or operator who conducts a surface mining operation, for coal or a
			 metal-bearing ore, without a valid operating permit as required by ORS
			 517.750 to
			 517.955 shall be punished, upon
			 conviction, by a fine of not more than $10,000.
(2) Violation of any provision of ORS
			 517.750 to
			 517.955, or of any rule or order
			 made pursuant to ORS 517.910 to
			 517.950, or of any conditions of
			 an operating permit, is punishable, upon conviction, by a fine of not more than
			 $10,000.
Stat. Auth.: ORS 517
Stats. Implemented: ORS
				  517.990 &
				  517.992
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 35 - OREGON MINED LAND RECLAMATION ACT › Section 632-035-0060 - Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicability. This section of these rules applies to the imposition of civil
			 penalties under ORS 517.992(2) for
			 violations of statutes, rules, orders and permit conditions not related to a
			 chemical process mine.
(2)
			 Definitions. For purposes of this section of these rules:
(a) "Compliance Schedule" is a written plan
			 that establishes specific actions and time tables for remedying a violation.
			 The compliance schedule may require the violator to propose specific actions
			 that are acceptable to and approved in writing by the Department. The
			 compliance schedule also may be used for informal disposition of proceedings
			 through stipulation, agreed settlement, consent order or default;
(b) "Notice of Civil Penalty" is a written
			 statement that includes the elements of a notice of violation and also imposes
			 a civil penalty;
(c) "Notice of
			 Violation" is a written warning that includes a short and plain statement of
			 the facts establishing a violation and reference to the statute, rule, order,
			 or permit condition that has been violated;
(d) "Outside a permit condition regarding
			 boundaries, setbacks, buffers, or the placement of surface mining materials"
			 means a violation of any permit condition that establishes or regulates the
			 physical or geographic limits on mining operations. "Surface mining materials"
			 means soil, rock, ore, minerals or overburden. It does not include discharges
			 of water.
(e) "Violation" is any
			 violation of ORS 517.700 to
			 517.950, or any rule, order, or
			 permit adopted under those statutes, provided:
(A) The statute, rule, order or permit does
			 not relate to a chemical process mine; and
(B) The violation relates to an operation
			 that is being conducted without a permit, outside of a permit boundary, or
			 outside of a permit condition regarding boundaries, setbacks, buffers or the
			 placement of surface mining refuse.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to implement the consolidated permitting provisions of ORS
			 517.952 to
			 517.989, applicable to metal
			 mines, except placer mines and operations using only gravity separation to
			 process ore. These rules address:
(a)
			 Implementation of a state consolidated permitting process for mining
			 operations;
(b) Coordination of
			 federal and state permitting processes as they relate to the consolidated
			 permitting process; and
(c)
			 Opportunities for public participation and comment throughout the state
			 consolidated permitting process.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0015 - State and Federal Agency Coordination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a mining operation is proposed on
			 federal land, the Department shall, when agreed to by the federal agency, enter
			 into a memorandum of agreement with the federal agency that is designated as
			 the lead agency for the proposed mine under the National Environmental Policy
			 Act. The purpose of a memorandum of agreement shall be to coordinate the state
			 consolidated application process established in ORS
			 517.952 to
			 517.989 with the federal
			 application process to the fullest extent possible.
(2) The memorandum of agreement may:
(a) Provide for the selection of the same
			 third party contractor, if any, to prepare the environmental evaluation and
			 socioeconomic impact analysis required by ORS
			 517.952 to
			 517.989 and the environmental
			 assessment or environmental impact statement required by the National
			 Environmental Policy Act;
(b)
			 Coordinate the timeliness for preparation and content of the environmental
			 evaluation and the environmental assessment or environmental impact statement;
(c) Ensure that all data,
			 information and documents prepared in satisfaction of the requirements of ORS
			 517.952 to
			 517.989 will also satisfy to the
			 fullest extent possible the requirements of corresponding portions of the
			 National Environmental Policy Act; and
(d) Ensure that the state and federal
			 financial security requirements are coordinated to the fullest extent
			 possible.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0020 - Project Coordinating Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The purpose of a project
			 coordinating committee shall be to share information and coordinate county,
			 state and federal permitting requirements in order to avoid contradictory
			 requirements, facilitate the exchange of ideas, promote interdisciplinary
			 decision making, optimize communication and avoid duplicative effort. A project
			 coordinating committee shall also review proposed permit modifications that are
			 deemed significant by a permitting agency or a cooperating agency under OAR
			 632-037-0120  and determine those portions of ORS
			 517.952 to
			 517.989 and these rules with
			 which the applicant must comply.
(2) Committee Members. The Department shall
			 act as the facilitating agency for a project coordinating committee. Upon
			 receipt of a notice of intent, the Department shall request the participation
			 of a representative of each of the following:
(a) All permitting and cooperating agencies;
(b) Affected federal agencies;
(c) Local government agencies; and
(d) Any affected Indian tribe.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0025 - Technical Review Team

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Duties. The duties of the technical review team shall include but not be
			 limited to the following:
(a) Provide an
			 interagency and interdisciplinary review of technical permitting issues and
			 serve in an advisory capacity to a project coordinating committee;
(b) Approve the methodology to be used in the
			 collection of baseline data;
(c)
			 Coordinate with the applicant the collection and verification of baseline data;
(d) Determine the study areas for
			 a proposed mine;
(e) Identify any
			 reasonable alternatives that were not analyzed by the applicant or contractor
			 in a consolidated application and direct staff or a third party contractor to
			 analyze such alternatives in accordance with the requirements of OAR
			 635-037-0045(5);
(f) Determine
			 whether any part of a consolidated application, including an environmental
			 evaluation, is complete;
(g)
			 Determine whether a proposed mining operation complies with the standards
			 established in ORS 517.952 to
			 517.989, these rules and the
			 statutes and rules governing the issuance of all applicable permits set forth
			 in ORS 517.952 to
			 517.989;
(h) Reconcile contradictory permit
			 conditions;
(i) Advise an
			 applicant of the application requirements relevant to a proposed mine; and
(j) Identify the characteristics
			 reasonably expected to exist under local conditions under OAR 632-037-0010(24).
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0030 - Public Notice Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Whenever public notice is required by ORS
			 517.952 to
			 517.989 or these rules, the
			 Department shall:
(a) Mail a written notice
			 to all permitting and cooperating agencies and affected federal and local
			 agencies;
(b) Mail a written
			 notice to each owner of property located within one-half mile of the perimeter
			 of the proposed permit area 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) Mail a
			 written notice to persons on the master list;
(d) Mail a written notice to unpatented
			 mineral claimants for claims that are filed with the county and are located
			 within one-half mile of the perimeter of the proposed permit area of the mining
			 operation; and
(e) Cause to be
			 published a notice in at least one newspaper of general circulation in the
			 state and in at least one local newspaper of general circulation in the county
			 or counties in which the proposed mining permit area is located. A notice by
			 publication shall be given at least once each week for two weeks immediately
			 preceding an action by the Department or following an action by an applicant
			 that requires public notice under ORS
			 517.952 to
			 517.989 or these rules. In the
			 event that a local newspaper is not published on a weekly basis, the notice by
			 publication shall be given in a manner that is consistent with the publishing
			 schedule of a local newspaper.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0035 - Notice of Intent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 prospective applicant shall file with the Department a notice of intent to
			 submit a consolidated application. The notice shall include the following
			 information:
(a) Name and location of the
			 proposed mining operation, including a legal description of an area that fully
			 encompasses the proposed boundary of the permit area and a general description
			 of the proposed boundary of the permit area;
(b) Name, mailing address and phone number of
			 the prospective applicant;
(c) The
			 legal structure (e.g., corporation, partnership, individual) of the applicant
			 as filed in the business registry with the Secretary of State and the legal
			 address of the applicant.
(d)
			 Brief description of the proposed mining operation.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0040 - Notice of Prospective Applicant's Readiness to Collect Baseline Data

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 prospective applicant is ready to begin collecting baseline data for a proposed
			 mining operation, the applicant shall notify the Department. The notice shall
			 include a proposed baseline data collection work plan. A work plan by
			 discipline shall include:
(a) Data collection
			 methodologies by discipline;
(b)
			 Area of study; and
(c) Timing and
			 duration of baseline data collection and verification.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0045 - Content

Current through Register Vol. 63, No. 7, July 1, 2024
The applicant shall submit to the Department a consolidated
				application that includes but is not limited to the following sections:
(1) General Information;
(2) Existing Environment - Baseline Data;
(3) Operating Plan;
(4) Reclamation and Closure Plan;
(5) Alternatives Analysis.
Stat. Auth.: ORS
				  517.750 - 517.995
Stats. Implemented: ORS
				  517.971
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0050 - General Information

Current through Register Vol. 63, No. 7, July 1, 2024
The General Information section of a consolidated application
				shall include but not be limited to the following:
(1) The name, mailing address and phone
			 number of the applicant and a registered agent for the applicant.
(2) The name(s) and address(es) of all owners
			 of the surface and mineral estate.
(3) The legal structure (e.g., corporation,
			 partnership, individual) of the applicant as filed in the business registry
			 with the Secretary of State and the legal address of the applicant.
(4) The proposed starting date and expected
			 life of the proposed mining operation.
(5) The name and location of the proposed
			 facility.
(6) The location of
			 existing and proposed roads.
(7)
			 Appropriate maps, aerial photographs, cross sections, plans, design drawings
			 and documentation of appropriate scale may be required by the technical review
			 team. The applicant may contact the technical review team for recommendations
			 regarding scale and amount of detail required. The applicant may be required to
			 submit extra copies of materials to be circulated to other agencies.
			 Information that may typically be required on maps, aerial photographs or
			 design drawings includes but is not limited to:
(a) Permit area lateral extent and proposed
			 depth of excavation;
(b) Mine
			 location;
(c) Waste rock, ore
			 storage, subgrade ore or overburden stockpile locations;
(d) Processing facility locations;
(e) All other facility locations;
(f) Topsoil stockpile locations;
(g) Typical cross sections, including but not
			 limited to, the pit, major facilities, cut and fill slopes and other disturbed
			 areas;
(h) Plan views and
			 profiles, including but not limited to, the pit, major facilities, cut and fill
			 slopes and other disturbed areas;
(i) Existing watercourses and ponds;
(j) Interim watercourses and
			 ponds;
(k) Reconstructed
			 watercourse and ponds;
(l)
			 Proposed post-mining topography;
(m) Property lines;
(n) General ore body location and area
			 extent.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0055 - Existing Environment - Baseline Data

Current through Register Vol. 63, No. 7, July 1, 2024
The General Information section of a consolidated application
				shall include but not be limited to the following:
(1) The name, mailing address and phone
			 number of the applicant and a registered agent for the applicant.
(2) The name(s) and address(es) of all owners
			 of the surface and mineral estate.
(3) The legal structure (e.g., corporation,
			 partnership, individual) of the applicant as filed in the business registry
			 with the Secretary of State and the legal address of the applicant.
(4) The proposed starting date and expected
			 life of the proposed mining operation.
(5) The name and location of the proposed
			 facility.
(6) The location of
			 existing and proposed roads.
(7)
			 Appropriate maps, aerial photographs, cross sections, plans, design drawings
			 and documentation of appropriate scale may be required by the technical review
			 team. The applicant may contact the technical review team for recommendations
			 regarding scale and amount of detail required. The applicant may be required to
			 submit extra copies of materials to be circulated to other agencies.
			 Information that may typically be required on maps, aerial photographs or
			 design drawings includes but is not limited to:
(a) Permit area lateral extent and proposed
			 depth of excavation;
(b) Mine
			 location;
(c) Waste rock, ore
			 storage, subgrade ore or overburden stockpile locations;
(d) Processing facility locations;
(e) All other facility locations;
(f) Topsoil stockpile locations;
(g) Typical cross sections, including but not
			 limited to, the pit, major facilities, cut and fill slopes and other disturbed
			 areas;
(h) Plan views and
			 profiles, including but not limited to, the pit, major facilities, cut and fill
			 slopes and other disturbed areas;
(i) Existing watercourses and ponds;
(j) Interim watercourses and
			 ponds;
(k) Reconstructed
			 watercourse and ponds;
(l)
			 Proposed post-mining topography;
(m) Property lines;
(n) General ore body location and area
			 extent.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0060 - Operating Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The Operating Plan section of a consolidated application shall
				include but not be limited to the following:
(1) A detailed description of the proposed
			 mining and ore processing methods.
(2) A general list of equipment required for
			 the proposed operation.
(3) A
			 general schedule of construction and operation starting with the beginning of
			 construction and ending with the completion of mining.
(4) General design assumptions and plan
			 profile, cross sections and capacities for mine facilities including but not
			 limited to:
(a) Leach pads;
(b) Impoundments;
(c) Ponds;
(d) Stormwater and surface water diversion
			 systems;
(e) Waste disposal
			 systems;
(f) Stockpiles and dumps;
(g) Pits;
(h) Tailing disposal facilities; and
(i) Transportation and storage
			 systems for hazardous chemicals.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0075 - Alternatives Analysis

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The alternatives analysis shall include an identification and analysis of the
			 environmental impacts of the proposed mining operation and alternatives to
			 avoid or minimize adverse impacts and/or enhance the quality of the human and
			 natural environment.
(2) The
			 alternatives analyzed by the applicant or contractor shall include, but not be
			 limited to, the following:
(a) Alternative
			 locations for mine facilities, including heap leach pads, roads, impoundments,
			 ponds, ore storage areas and waste disposal areas;
(b) Alternative designs, processes (including
			 chemical processes), operations and scheduling for mine facilities and
			 operations, including heap leach pads, roads, impoundments, ponds, ore storage
			 areas and waste disposal areas;
(c) Alternative water supply;
(d) Alternative power supply; and
(e) Alternative reclamation procedures.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0077 - Additional Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the requirements in OAR 632-037-0050  to
				632-037-0075, the applicant shall submit all information required by either
				state law or the administrative rules of a permitting agency to determine
				whether to issue or deny each and all of the following permits that are
				applicable to the proposed operation:
(1) Fill and removal permits required under
			 ORS 196.600 to
			 196.665 and
			 196.800 to
			 196.900.
(2) Permits to appropriate surface water or
			 ground water under ORS
			 537.130 and
			 537.615, to store water under
			 ORS 537.400 and impoundment
			 structure approval under ORS
			 540.350 to
			 540.390.
(3) National Pollutant Discharge Elimination
			 System permit under ORS
			 468.740.
(4) Water pollution control facility permit
			 under ORS 468.740.
(5) Air contaminant discharge permit under
			 ORS 468.310 to
			 468.330.
(6) Solid waste disposal permit under ORS
			 459.205.
(7) Permit for use of power driven machinery
			 on forestland under ORS
			 477.625.
(8) Permit to clear right of way on
			 forestland where clearing constitutes a fire hazard under ORS
			 477.685.
(9) Permit for placing explosives or harmful
			 substances in waters of the state under ORS
			 509.140.
(10) Hazardous waste storage permit under ORS
			 466.005 to
			 466.385.
(11) Land use permit, if applicable
			 consistent with the Department's state agency coordination agreement, including
			 relevant sections of OAR chapter 632, division 001.
(12) Any other state permit required for the
			 proposed mining operation.
Stat. Auth.: ORS
				  517.750 - 517.995
Stats. Implemented: ORS
				  517.971 &
				  517.978
Notice to
				  Proceed
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0085 - Environmental Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The purpose of an environmental evaluation shall be to address specific impacts
			 of a mining operation in order to allow affected agencies to make decisions on
			 whether to issue or deny a permit and develop permit conditions. It shall
			 provide full and fair discussion of significant environmental impacts and shall
			 inform decision makers and the public of reasonable alternatives that would
			 avoid or minimize adverse impacts and/or enhance the quality of the human and
			 natural environment. An environmental evaluation shall focus on significant
			 environmental issues and alternatives.
(2) For the purposes of this rule, "impacts"
			 include both direct and indirect impacts:
(a)
			 "Direct impacts" are those impacts that are caused by the action and occur at
			 the same time and place as the action;
(b) "Indirect impacts" are those impacts that
			 are caused by the action and are later in time or farther removed in distance,
			 but are still reasonably foreseeable.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0090 - Socioeconomic Impact Analysis

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Concurrent with the development of an environmental evaluation, the Department
			 shall direct staff or hire a third party contractor to prepare a socioeconomic
			 impact analysis. The analysis shall include but not be limited to an
			 identification of the major and reasonably foreseeable socioeconomic impacts on
			 individuals and communities located in the vicinity of the proposed mine
			 resulting from mine construction and operation. Such identification shall
			 include the short and long term impacts on population, economics,
			 infrastructure and fiscal structure. The Department shall make the analysis
			 available to the public upon request.
(2) Upon completion of the socioeconomic
			 impact analysis, the Department shall distribute a copy of the analysis to each
			 local government within the vicinity of the proposed mine and affected
			 agencies.
Stat. Auth.: ORS
				  517.750 - ORS 517.995
Stats. Implemented: ORS
				  517.980
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0095 - Permitting Agency Action on a Consolidated Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 225 days of the issuance of a
			 Notice to Proceed and not sooner than 60 days after the submittal of a complete
			 environmental evaluation, each permitting agency shall submit to the Department
			 its draft permit and permit conditions or permit denial document.
(2) If a permitting agency includes in its
			 draft permit a condition that is inconsistent with the environmental
			 evaluation, the agency shall include with its draft permits a written
			 explanation of the conditions setting forth the findings of the agency that
			 support the condition.
Stat. Auth.: ORS
				  517.750 - 517.995
Stats. Implemented: ORS
				  517.978
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0100 - Cooperating Agency Action on a Consolidated Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At least 30 days before the issuance of
			 draft permits, each cooperating agency shall submit to the Department:
(a) Written concurrence or non-concurrence
			 with the terms and conditions of the draft operating permit as such pertain to
			 the statutory authority of each cooperating agency; and
(b) Permit conditions within the expertise
			 and authority of the cooperating agency.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0105 - Consolidated Public Hearing; Final Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 15 days of receiving all draft
			 permits and the completion of its draft operating permit, the Department shall
			 issue public notice of the date and location of a consolidated public hearing
			 and period for written comment on all permits.
(2) A consolidated public hearing shall occur
			 not sooner than 45 days and not later than 60 days after the Department issues
			 a public notice under section (1) of this rule.
(3) At least seven days before the issuance
			 of a final operating permit, each cooperating agency shall submit to the
			 Department:
(a) Written concurrence or
			 non-concurrence with the terms and conditions of the final operating permit as
			 such pertain to the statutory authority of each cooperating agency; and
(b) Permit conditions within the
			 expertise and authority of the cooperating agency.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0110 - Appeals; Consolidated Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The applicant or any person who appeared
			 before a permitting agency at the consolidated public hearing, either orally or
			 in writing, may file with the State Geologist a written request for a
			 consolidated contested case hearing. The request shall be filed within 30 days
			 after the date the permit was granted or denied. The applicant or person
			 requesting a consolidated contested case hearing shall state the reasons for
			 requesting the hearing and the objections to the permitting agency's action in
			 accordance with the Attorney General's Model Rules of Procedure.
(2) Upon receipt of a request under section
			 (1) of this rule, the Department shall schedule a consolidated contested case
			 hearing. The hearing shall be held not less than 60 days or more than 75 days
			 after the notice of permit issuance or denial. The hearing shall be conducted
			 in accordance with ORS Chapter 183 and the Attorney General's Model Rules of
			 Procedure.
(3) Any permit granted
			 by a permitting agency shall be suspended until completion of the
			 administrative hearings process.
(4) If all permitting agencies are subject to
			 ORS 183.635(1),
			 DOGAMI may request that a single administrative law judge be appointed to
			 preside over the consolidated contested case hearing. If more than one hearings
			 officer is appointed, the Department shall appoint a chief hearings officer.
			 The role of the chief hearings officer shall be to organize the proceedings.
(5) The hearings officer(s) shall
			 prepare a proposed order for each contested permit.
(6) A party may file written exceptions to
			 the proposed order with the appropriate permitting agency. If the permitting
			 agency determines that additional information presented in a written exception
			 was unavailable at the time of the consolidated contested case hearing and is
			 significant to the adoption or modification of the proposed order, the agency
			 shall remand the order to the appropriate hearings officer for further
			 consideration.
(7) After receiving
			 exceptions and hearing argument on the exceptions to the proposed order, the
			 permitting agency may either adopt the proposed order or issue a new
			 order.
Stat. Auth.: ORS
				  517.750 - 517.995
Stats. Implemented: ORS
				  517.983
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0115 - Judicial Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 petition for judicial review of a permitting agency's issuance or denial of a
			 permit must be filed with the Supreme Court within 60 days following the date
			 the permit is issued or denied following the entry of an order subsequent to a
			 consolidated contested case hearing.
(2) Except as provided in section (3) of this
			 rule, if the permit with prescribed conditions is approved, the filing of a
			 petition for judicial review shall stay the permit during the pendency of
			 judicial review for a period of up to six months from the date the petition is
			 filed. The Supreme Court may extend the stay beyond the six-month period upon
			 written request and a showing by the petitioner that the activities allowed
			 under the permit could result in irreparable harm to the site.
(3) When only the applicant files a petition
			 for judicial review, the six-month stay imposed under section (2) of this rule
			 may be removed by the permitting agency upon the applicant's written request
			 within 60 days after filing of the petition and upon a showing by the applicant
			 that supports a finding by the permitting agency that proceeding with any or
			 all activities under the permit will not result in irreparable harm to the
			 site.
(4) In making findings under
			 section (3) of this rule, the permitting agency may require an additional bond
			 or alternative security to be filed with the Department as provided in ORS
			 517.987 and these rules. The
			 bond or alternative security shall be in an amount the permitting agency
			 determines necessary to ensure complete restoration of the site if the
			 petitioner elects not to complete the project following judicial review. Agency
			 denial of the request to remove the stay is subject to review by the Supreme
			 Court under such rules as the Supreme Court may establish.
Stat. Auth.: ORS
				  517.750 - 517.995
Stats. Implemented: ORS
				  517.983
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0118 - Best Available Practicable and Necessary Technology

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Chemical process mining including
			 extraction, processing, and reclamation, must be undertaken in a manner that
			 minimizes environmental damage through the use of the best available,
			 practicable, and necessary technology to ensure compliance with environmental
			 standards.
(2) In determining the
			 best available, practicable, and necessary technology for use in a mining
			 operation, the technical review team shall apply in consultation with the
			 applicant, the following process:
(a) The
			 technical review team shall determine the necessary technologies if such
			 technologies exist;
(b) The
			 technical review team shall determine which, if any, of the necessary
			 technologies is available;
(c) The
			 technical review team shall determine which, if any, of the necessary and
			 available technologies is practicable;
(d) The technical review team will review,
			 determine, and rank the necessary, available and practicable technologies by
			 their potential environmental benefits;
(e) The technical review team shall recommend
			 to the Department, the technology that the technical review team has determined
			 is the best available, necessary, and practicable technology to ensure
			 compliance with environmental standards. The determination shall be made with
			 reference to the policies expressed in ORS
			 517.953 and
			 517.956.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0120 - Mine Operation Standards

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall require a mining operation to comply with
				the following mine operation standards:
(1) Mine facilities have been designed to
			 handle the 100-year, 24-hour precipitation event, at a minimum.
(2) An interim vegetative cover of stockpiles
			 of topsoil or overburden materials that will be used in reclamation shall be
			 required to prevent erosion or fugitive dust release from the overburden
			 storage or spoils area.
(3) Any
			 standard adopted by rule by any permitting or cooperating agency related to the
			 operation of a mining operation.
(4) No loss of existing critical habitat of
			 any state or federally listed threatened or endangered plant species, as
			 determined by the Department of Agriculture.
Stat. Auth.: ORS
				  517.750 - 517.995
Stats. Implemented: ORS
				  517.956
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0125 - Fish and Wildlife Standards

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall require a mining operation to comply with
				protection standards for fish and wildlife consistent with policies of the
				Department of Fish and Wildlife, including:
(1) Protective measures to maintain an
			 objective of zero wildlife mortality.
(2) All chemical processing solutions and
			 associated wastewater must be covered or contained to preclude access by
			 wildlife, or maintained in a condition that is not harmful to wildlife.
(3) Onsite and offsite mitigation
			 ensuring there is no overall net loss of habitat value.
(4) No loss of existing critical habitat of
			 any state or federally listed threatened or endangered fish or wildlife
			 species.
(5) Any other standard
			 adopted by rule by the Department of Fish and Wildlife applicable to a mining
			 operation.
Stat. Auth.: ORS
				  517.750 - 517.995
Stats. Implemented: ORS
				  517.956 &
				  517.987
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0130 - Reclamation and Mine Closure Standards

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall require a mining operation to comply with
				reclamation and mine closure standards utilizing the best available,
				practicable and necessary technology to ensure compliance with environmental
				standards. The reclamation and mine closure standards shall include but not be
				limited to the following:
(1) Surface
			 reclamation shall ensure environmental protection and the protection of human
			 health and safety, as well as livestock, fish and wildlife.
(2) Surface reclamation of a mining operation
			 shall require certification by the Department of Fish and Wildlife and the
			 Department of Agriculture that a self-sustaining ecosystem, comparable to
			 undamaged ecosystems in the area, has been established in satisfaction of the
			 permittee's habitat restoration obligations.
(3) Post-closure monitoring shall be required
			 by the Department to ensure compliance with decommissioning performance
			 standards.
(4) Revegetation shall
			 be considered successful if it is consistent with the establishment of a
			 self-sustaining ecosystem, comparable to undamaged ecosystems in the area of
			 the mine. Vegetation test plots and chemical/physical soil and subsoil analysis
			 may be required to ensure establishment feasibility.
(5) Native species shall be established
			 unless the use of non-native species is justified and approved by the technical
			 review team.
(6) Seed mixes,
			 fertilizer rates and other requirements will be derived from departmental
			 experience and advice from sources such as the Oregon Department of
			 Agriculture, U.S. Soil Conservation Service, Oregon State University Extension
			 Service, the Oregon Department of Transportation, the Bureau of Land
			 Management, the Forest Service, local soil conservation districts and private
			 sector experts.
(7) All final
			 slopes shall be stable, blend into adjacent terrain and be compatible with the
			 establishment of a self-sustaining ecosystem, comparable to undamaged
			 ecosystems in the area of the mine.
(8) Reclaimed highwalls shall not have slopes
			 exceeding 1-1/2 horizontal to 1 vertical (1-1/2:1). The Department may grant
			 exceptions for steeper slopes when the applicant can document that the slopes
			 will be stable and if the steeper slopes:
(a)
			 Blend into the adjacent terrain features;
(b) Existed prior to mining; or
(c) Are consistent with the establishment of
			 a self-sustaining ecosystem, comparable to undamaged ecosystems in the area of
			 the mine.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0140 - Obtaining Financial Security Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon completion of full reclamation, the
			 permittee shall submit to the Department a written request for the release of
			 its financial security.
(2) If a
			 permittee has conducted concurrent reclamation or partial reclamation following
			 the cessation of mine operations, the request for release of financial security
			 must include an estimate of the percentage of reclamation done to date and the
			 corresponding percentage of reclamation funds that the permittee believes
			 should be released. A bond release or reduction request must state in
			 unambiguous terms all measures taken to reclaim the site and any problems or
			 potential problems that may inhibit reclamation in accordance with permit
			 requirements. The Department shall consider any such problems in determining
			 the appropriate level of financial security to be maintained.
(3) Upon receipt of a request to release
			 financial security, the Department shall:
(a)
			 Issue a public notice in accordance with OAR 632-037-0030; and
(b) Distribute the request to each permitting
			 and cooperating agency, members of the public who participated in any hearing
			 or written comment period under these rules, and to any person who requests
			 such notification.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0145 - Permit Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The permittee, the Department, or any other permitting or cooperating agency
			 may request the modification of a permit issued under the consolidated
			 application process at any time.
(2) If a permitting agency is requested to
			 make a permit modification that the permitting agency or a cooperating agency
			 finds is a significant permit modification, the agency shall notify the
			 Department. The Department shall coordinate the organization of a project
			 coordinating committee.
(3) The
			 project coordinating committee shall review the proposed modification and
			 determine the portions of ORS
			 517.952 to
			 517.989 and these rules with
			 which the permittee must comply. The Committee shall limit its determination to
			 those portions of the mine operation to be modified and shall be consistent
			 with the public participation requirements set forth in ORS
			 517.952 to
			 517.989 and these rules.
(4) The permittee may continue to
			 operate under its existing permit(s) pending completion of the permit
			 modification process.
Stat. Auth.: ORS
				  517.750 - 517.995
Stats. Implemented: ORS
				  517.984
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0150 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to any other sanctions authorized by law, the Governing Board of the
			 Department may impose a civil penalty as authorized by ORS
			 517.992
(2) The Department shall provide a written
			 warning of its intent to impose a civil penalty at least 48 hours prior to
			 imposing the penalty when there is no immediate danger to human health, safety
			 or the environment. The warning may be personally served on the person
			 incurring the penalty or may be sent by registered or certified mail. The
			 warning must include:
(a) A reference to the
			 particular sections of the statute, rule, order or permit involved; and
(b) A short and plain statement of
			 the matters asserted or charged.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 37 - CONSOLIDATED PERMITTING OF MINING OPERATIONS › Section 632-037-0155 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Permit fees are
			 established in ORS 517.973. Pursuant to ORS
			 517.793, a prospective applicant or applicant also must pay the Department and
			 permitting and cooperating agencies for all expenses incurred relating to the
			 processing and evaluation of the consolidated application process to the extent
			 such expenses exceed the statutory fees. Recoverable expenses include, but are
			 not limited to, the following:
(a) Baseline
			 data methodology review;
(b)
			 Baseline data verification;
(c)
			 Public meetings, except any costs related to mailing notice to parties on the
			 master list;
(d) Completeness
			 determination of the consolidated application, including the environmental
			 evaluation;
(e) Permit
			 preparation, drafting and issuance;
(f) Environmental evaluation, preparation and
			 review;
(g) Project
			 administration; and
(h) Legal
			 expenses.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 38 - VOLUNTARY RECLAMATION PROGRAM › Section 632-038-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The rules in this division implement the provision of ORS
				517.840(1)(e)
				in accordance with the legislative policies for mined land reclamation
				established by ORS 517.760.
Stat. Auth.: ORS
				  517.840(1)(E)
Stats. Implemented: ORS
				  517.840(1)(E)
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 38 - VOLUNTARY RECLAMATION PROGRAM › Section 632-038-0010 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The rules in this division apply to mined land reclamation
				except for activities related to chemical process mining regulated under OAR
				Chapter 632, Division 037.
Stat. Auth.: ORS
				  517.840(1)(E)
Stats. Implemented: ORS
				  517.840(1)(E)
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 38 - VOLUNTARY RECLAMATION PROGRAM › Section 632-038-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 632-032-0005 to 632-032-0060, unless the context
				indicates otherwise:
(1) "Board" means
			 the Governing Board of the Department of Geology and Mineral
			 Industries.
(2) "Concurrent native
			 reclamation" means reclamation of disturbed land that occurs during mining and
			 uses native species.
(3)
			 "Department" means the Department of Geology and Mineral Industries.
(4) "Financial security" means the
			 performance bond or alternative form of financial security required under ORS
			 517.810.
(5) "Exempt site" means mined areas exempt
			 from the reclamation requirement of the act.
(6) "Orphaned site" means an exempt site
			 where no mining has taken place since the enactment of the Mined Land
			 Reclamation Act of 1972.
Stat. Auth.: ORS
				  517.840(1)(E)
Stats. Implemented: ORS
				  517.840(1)(E)
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 38 - VOLUNTARY RECLAMATION PROGRAM › Section 632-038-0050 - Application Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
Any person seeking incentives shall apply in writing on a form
				prescribed by the department.
Stat. Auth.: ORS
				  517.840(1)(E)
Stats. Implemented: ORS
				  517.840(1)(E)
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 38 - VOLUNTARY RECLAMATION PROGRAM › Section 632-038-0060 - Incentives

Current through Register Vol. 63, No. 7, July 1, 2024
The department, at its discretion, may provide one or more of
				the following incentives for qualifying reclamation practices.
(1) Release to the press and published notice
			 in Oregon Geology of the qualifying practice and responsible persons.
(2) Nomination for Outstanding Reclamation,
			 Outstanding Operator, or Good Neighbor awards.
(3) Reduction of up to 50 percent in the
			 amount of the financial security required for an operating permit:
(a) A reduction in the amount of financial
			 security may be provided only after the applicant has successfully completed a
			 significant portion of qualifying practice;
(b) The reduction shall be for a term not to
			 exceed five years;
(c) This
			 incentive may be revoked at any time if the department has reasonable cause to
			 believe that the operator has failed to comply with its operating permit or
			 reclamation plan or is financially unstable.