Oregon Administrative Code

632-030-0033 Reclamation by the Department (1) If a mine operator fails to comply with an order issued under ORS 517.860 or 517.880, the Department may perform the reclamation outlined in the reclamation plan to the extent possible given the condition of the site. (2) The Departm…

632-030-0035 Modification of an Operating Permit (1) The modification of an operating permit may be initiated at any time by the permittee or by the Department. The term "modification," as used in this rule, means any modification, including but not limited to, "intensification" …

632-030-0040 Maintaining an Operating Permit (1) The Department may revoke, terminate, or refuse to renew an operating permit as provided in ORS 517.862. (2) Prior to the anniversary date of an operating permit, the operator shall submit the required annual fee and file the annua…

632-030-0041 Permit and Exemption Transfer (1) An operating permit may be transferred as provided in ORS 517.833, subject to the following requirements: (a) A person requesting transfer must submit a completed application on a form prescribed by the Department. (b) The applicatio…

632-030-0042 Termination of Operating Permits (1) An operating permit is deemed to terminate by operation of law if any of the conditions set out in ORS 517.880 exist. The Department will notify the operator of the termination and the right to review. (2) A permittee may request …

632-030-0045 Obtaining Bond Release (1) The permittee shall notify the Department in writing when the reclamation has been completed. (2) The Department will inspect the reclaimed site. If the permittee has fulfilled the requirements of the approved reclamation plan, the bond or …

632-030-0049 Emergency Operating Permits The Department may issue an emergency operating permit as authorized under ORS 517.832. An emergency operating permit is subject to the following additional limitations: (1) The emergency operating permit may not be for a term in excess of…

632-030-0052 Temporary Operating Permits The Department may issue a temporary operating permit as authorized under ORS 517.834. A temporary operating permit is subject to the following additional limitations: (1) The operator must provide 14 days’ prior notice to adjacent propert…

632-030-0056 Appeals (1) Prior to the initiation of an administrative appeal of any proposed Departmental order, notice, fee, or other proposed action made pursuant to the Act or the rules adopted thereunder, the applicant or permittee may first request that the State Geologist i…

632-030-0070 Penalty Warning; Civil Penalty (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. F…

632-033-0005 Purpose of These Rules and Regulations (1) For Mineral Exploration, these rules implement the purposes of the Mined Land Reclamation Act as declared by the Legislative Assembly that: (a) To provide that the usefulness, productivity, and scenic values of all lands and…

632-033-0010 Definitions The definitions in ORS 517.750 apply to these regulations: (1) “Abandonment of Exploration” means the cessation of exploration without reclamation or notification to the department within a reasonable time. (2) A “Period of 12 Consecutive Calendar Months”…

632-033-0016 Exemptions (1) The following exploration activities are exempt from these rules and do not require the payment of fees, posting of bond or submittal of reclamation plans: (a) Exploration conducted solely within the beds and banks of any waters of this state are exemp…

632-033-0025 Exploration Permit Requirements (1) Applicants seeking Exploration Permits from the department should be aware that other state, federal and local agencies may require the applicant to obtain approval prior to operation. For example, the United States Forest Service …

632-033-0030 Department Action on an Exploration Permit Application (1) The department shall approve or deny a complete application in writing within 30 days of receipt. If an application is incomplete, the department shall notify the applicant of that fact in writing within 30 d…

632-033-0035 Modification of an Exploration Permit Modification of a permit may be initiated at any time by the permittee or by the department. An Exploration Permit may be modified by approval of the department after timely notice and opportunity for review if the Department det…

632-033-0040 Maintaining an Exploration Permit (1) An Exploration Permit issued by the department shall be granted for a period of 12 consecutive months. The new permittee shall renew each Exploration Permit prior to the anniversary date by submitting the required annual fee. As …

632-033-0043 Expiration of an Exploration Permit Obligation An Exploration Permit obligation expires upon: (l) Transferring of the permit to another obligee. (2) The area within the permit area coming under an Operating Permit. (3) Completing the obligation of the Exploration Per…

632-033-0045 Obtaining Financial Security Releases (1) The permittee shall notify the department when the provisions of the permit have been completed. (2) The department shall inspect the reclaimed site. If the permittee has fulfilled the requirements of the Exploration Permit, …

632-033-0050 Appeals (l) Prior to the initiation of an appeal of any departmental order pursuant to the Mined Land Reclamation Act or these rules the applicant or permittee shall first request that the State Geologist informally review and resolve the matter. The State Geologist …

632-033-0055 Penalties (l) Any person who conducts an exploration activity without a valid Exploration Permit as required by the Mined Land Reclamation Act shall be punished upon conviction, by a fine of not more than $10,000. (2) Violation of any provision of the Mined Land Recl…

632-035-0005 Purpose of These Rules (1) These rules implement ORS 517.750 to 517.951, 517.990, and 517.992 with respect to placer mines, coal mines and metal mines using only gravity separation. These rules do not apply to aggregate mines. (2) Applicants seeking operating permits…

632-035-0010 Definitions The definitions in ORS 517.750 and 517.910 apply to these rules. In addition, the following definitions apply: (1) "Affected," as used in ORS 517.750(15)(a) means disturbed by excavation or any other surface mining or milling on any land surface during an…

632-035-0015 General Information (1) Information Requirements. The Department may require any information needed to determine the status of any surface mining. Information subject to ORS 517.901 will be held confidential. Information concerning the location and the identity of mi…

632-035-0016 Total Exemptions (1) The following excavation, processing or grading activities are exempt from these rules and do not require the payment of fees, posting of bonds or submittal of reclamation plans: (a) Beds and Banks. Excavations of materials from the beds and bank…

632-035-0017 Limited Exemptions (1) Limited exempt status is available only for operations that have received and maintained a certificate of limit exemption as provided in ORS 517.770 and 517.775. (2) Operations under a certificate of limited exemption are subject to the provisi…

632-035-0020 Procedures for Applying for an Operating Permit Obtaining an Operating Permit: (1) The applicant shall submit an operating permit application as defined in OAR 632-035-0025. (2)(a) The Department may require any information needed to ascertain whether surface mining …

632-035-0025 Requirements for an Operating Permit Application (1) Prior to initiating any permitting action the applicant is encouraged to meet with the Department and with the Department of Environmental Quality (DEQ). These rules apply to mine areas with ore processing faciliti…

632-035-0030 Department Action on Operating Permit Application (1) The Department shall approve or deny a complete application in writing within 120 days of receipt. If an application is incomplete, the Department shall notify the applicant of that fact in writing within 30 days …

632-035-0035 Modification of an Operating Permit Modification may be initiated at any time by the permittee or by the Department. An operating permit may be modified by approval of the Department after timely notice and opportunity for review as provided by ORS 517.830(4) in orde…

632-035-0040 Maintaining an Operation Permit (1) Within 30 days after completion of construction and prior to operation, the permittee shall submit a signed registered engineer's or certified engineering geologist's report, complete with accurate drawings and specifications depic…

632-035-0045 Obtaining Bond Release (1) The permittee shall notify the Department when the reclamation has been completed. (2) The Department shall inspect the reclaimed site. If the Department determines that the permittee has fulfilled the requirements of the approved reclamati…

632-035-0050 Appeals (1) Prior to the initiation of a formal appeal of any departmental order, notice, or other action, made pursuant to ORS 517.750 to 517.950 or the rules adopted thereunder, the applicant or permittee shall first request that the State Geologist informally revi…

632-035-0055 Penalties (1) Any landowner or operator who conducts a surface mining operation, for coal or a metal-bearing ore, without a valid operating permit as required by ORS 517.750 to 517.955 shall be punished, upon conviction, by a fine of not more than $10,000. (2) Violat…

632-035-0060 Civil Penalty (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 thi…

632-037-0005 Purpose (1) The purpose of these rules is to implement the consolidated permitting provisions of ORS 517.952 to 517.989, applicable to metal mines, except placer mines and operations using only gravity separation to process ore. These rules address: (a) Implementatio…

632-037-0010 Definitions The definitions in ORS 517.952 are hereby incorporated as the definitions to be used in interpreting these rules, unless a term is specifically defined within these rules. (1) "Affected Agency" includes permitting agencies, cooperating agencies and commen…

632-037-0015 State and Federal Agency Coordination (1) When a mining operation is proposed on federal land, the Department shall, when agreed to by the federal agency, enter into a memorandum of agreement with the federal agency that is designated as the lead agency for the propo…

632-037-0020 Project Coordinating Committee (1) Purpose. The purpose of a project coordinating committee shall be to share information and coordinate county, state and federal permitting requirements in order to avoid contradictory requirements, facilitate the exchange of ideas, …

632-037-0025 Technical Review Team (1) Duties. The duties of the technical review team shall include but not be limited to the following: (a) Provide an interagency and interdisciplinary review of technical permitting issues and serve in an advisory capacity to a project coordina…

632-037-0030 Public Notice Procedure (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 e…

632-037-0035 Notice of Intent (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 descript…

632-037-0040 Notice of Prospective Applicant’s Readiness to Collect Baseline Data (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 d…

632-037-0045 Content 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) Al…

632-037-0050 General Information 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(…

632-037-0055 Existing Environment — Baseline Data The Existing Environment — Baseline Data section of a consolidated application shall include but not be limited to the following: (1) Baseline data that describes the environmental, socioeconomic, historical, and archaeological co…

632-037-0060 Operating Plan 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 operatio…

632-037-0070 Reclamation and Closure Plan The Reclamation and Closure Plan section of a consolidated application shall include but not be limited to the following provisions for the protection of public health, safety, and the environment: (1) Procedures for the salvage, storage …

632-037-0075 Alternatives Analysis (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 en…

632-037-0077 Additional Requirements 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 …