Unlawful motorized in-stream placer mining. (1) A person commits the offense of unlawful motorized in-stream placer mining if the person knowingly engages in motorized in-stream placer mining, as defined in ORS 468B.112, without a permit issued under ORS 468B.050 or in violation of any rule, permit, order or any applicable requirement adopted or issued under ORS 468B.050 or 468B.112 to 468B.118

(2) Subject to ORS 153.022, unlawful motorized in-stream placer mining is a Class A violation.

(3) Notwithstanding ORS 153.042, an enforcement officer, as defined in ORS 153.005, may issue a citation under subsection (1) of this section when the conduct alleged to constitute a violation has not taken place in the presence of the enforcement officer, if the enforcement officer has reasonable grounds to believe that the conduct constitutes a violation on the basis of information received from an employee of the Department of Environmental Quality. [2017 c.300 §8]