Chapter 517 — Chapter 517
165 sections in this chapter.
ORS 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
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(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 th…
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 517.860 Effect of failure to comply with operating permit or reclamation plan; department may perform work and assess costs against bond or security. (1) If, from inspections conducted pursuant to ORS 517.850 or from any other source, the State Department of Geology and Mineral Industries determines that the operator has not complied with or is not complying with the operating permit, the reclamation plan, the provisions of this chapter or the rules of the department, the department may issue either or both of the following to the operator
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(a) Written notice of the violation. The notice shall specifically outline the deficiencies. (b) A compliance order. The order may specify a date by which the operator shall rectify any deficiencies. The department may extend the period if delays occasioned for causes beyond the …
ORS 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
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(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 517.80…
ORS 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
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(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 departme…
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 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]
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[Repealed or reserved.]
ORS 517.900 [1971 c.719 §14; 1985 c.292 §14; repealed by 1999 c.492 §9 (517.901 enacted in lieu of 517.900)]
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[Repealed or reserved.]
ORS 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)]
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(Nonaggregate Mineral Surface Mines)
ORS 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
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(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]
ORS 517.910 Definitions for ORS 517.910 to 517.989. For the purposes of ORS 517.910 to 517.989
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(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. …
ORS 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
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(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 p…
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 517.925 Time limit for action on permit application. The State Department of Geology and Mineral Industries shall have 120 days to act upon a completed permit application. [1981 c.622 §6]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 517.935 [1981 c.622 §12; repealed by 2013 c.371 §36]
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[Repealed or reserved.]
ORS 517.940 [1981 c.622 §11; 1985 c.291 §5; 2007 c.318 §23; repealed by 2013 c.371 §36]
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[Repealed or reserved.]
ORS 517.945 [1981 c.622 §13; repealed by 1999 c.353 §9]
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[Repealed or reserved.]
ORS 517.947 [1987 c.693 §§2,3; 1989 c.171 §68; repealed by 1991 c.735 §39]
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[Repealed or reserved.]
ORS 517.949 [1987 c.693 §4; repealed by 1991 c.735 §39]
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[Repealed or reserved.]
ORS 517.950 [1981 c.622 §10; 1985 c.292 §15; 1989 c.461 §3; 1995 c.79 §298; 2007 c.318 §24; repealed by 2013 c.371 §36]
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[Repealed or reserved.]
ORS 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]
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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. MINING OPERATIONS SUBJECT TO CONSOLIDATED APPLICATION PROCESS
ORS 517.952 Definitions for ORS 517.952 to 517.989. As used in ORS 517.952 to 517.989
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(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 agen…
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 517.955 [1981 c.622 §16; renumbered 517.951 in 1991]
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[Repealed or reserved.]
ORS 517.956 Requirements for mining operations; rules. Mining operations in Oregon shall comply with the following
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(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 consiste…
ORS 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]
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[Repealed or reserved.]
ORS 517.958 Compliance with preapplication process; purpose. Any person proposing to conduct a mining operation shall comply with the requirements for the preapplication process set forth in ORS 517.961 to 517.969. The purpose of such process shall be to identify significant issues to be addressed in the consolidated application process set forth in ORS 517.971 to 517.987. [1991 c.735 §6; 2013 c.371 §10]
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[Repealed or reserved.]
ORS 517.959 Public notice requirements for ORS 517.952 to 517.989; master list of interested parties; fees. (1) Whenever required in ORS 517.952 to 517.989, public notice shall include information sufficient to inform the public of the proposed activity or event and shall include
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(a) Notification to all permitting and cooperating agencies. (b) Notice by mail to each owner of property located within one-half mile of the perimeter of the proposed site of the mining operation. As used in this paragraph, “owner” means the owner of the title to real property o…
ORS 517.960 [1989 c.347 §2; renumbered 517.702 in 1991]
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[Repealed or reserved.]
ORS 517.961 Notice of intent to submit application; posting of notice. A prospective applicant for a mining operation permit shall file with the State Department of Geology and Mineral Industries a notice of intent to submit an application and post copies of the notice along the perimeter of the location of the proposed operation. The posting shall be sufficient to inform the public of the intended action and a legal description of the proposed mining operation location and shall comply with requirements adopted by rule by the governing board of the department. [1991 c.735 §8; 2013 c.371 §12]
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[Repealed or reserved.]
ORS 517.962 [1989 c.347 §3; renumbered 517.705 in 1991]
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[Repealed or reserved.]
ORS 517.963 Department duties upon receipt of notice of intent. Upon receipt of a notice of intent under ORS 517.961, the State Department of Geology and Mineral Industries shall
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(1) Provide notice as required under ORS 517.959. The notice shall be sufficient to inform the public of the nature, size and location of the proposed mining operation. (2) Activate a project coordinating committee for the proposed mining operation and coordinate the participatio…
ORS 517.964 [1989 c.347 §4; renumbered 517.710 in 1991]
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[Repealed or reserved.]
ORS 517.965 Project coordinating committee. (1)(a) A project coordinating committee shall be composed of representatives from the State Department of Geology and Mineral Industries, all permitting and cooperating agencies, local government agencies and affected federal agencies. Each permitting and cooperating agency shall designate an appropriate staff member to serve on the committee. The project coordinating committee shall share information and coordinate county, state and federal permitting requirements in order to avoid contradictory requirements, facilitate the exchange of ideas, optimize communication and avoid duplicative effort
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(b) If a mining operation is proposed on federal land, the project coordinating committee shall work with the affected federal agency in accordance with a memorandum of agreement established by the department and the federal agency to facilitate the state and federal application …
ORS 517.966 [1989 c.347 §8; renumbered 517.715 in 1991]
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[Repealed or reserved.]
ORS 517.967 Technical review team. (1) A technical review team shall be composed of representatives from the State Department of Geology and Mineral Industries and each permitting agency and cooperating agency. The technical review team shall
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(a) Establish methodology guidelines to be followed in the collection of baseline data; (b) Coordinate with the applicant the use of baseline data collection methodologies as approved by the permitting and cooperating agencies; and (c) Determine whether the mining operation as pr…
ORS 517.968 [1989 c.347 §6; renumbered 517.720 in 1991]
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[Repealed or reserved.]
ORS 517.969 Collection of baseline data; public informational meetings; collection methodology. (1) Upon receipt of notice from a prospective applicant that the prospective applicant is ready to begin collecting baseline data, the State Department of Geology and Mineral Industries shall
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(a) Provide notice in accordance with ORS 517.959 that the prospective applicant intends to begin baseline data collection and the location where additional background information may be obtained or reviewed. (b) Within 30 days after receiving the notice from the applicant, condu…
ORS 517.970 [1989 c.347 §5; renumbered 517.725 in 1991]
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[Repealed or reserved.]
ORS 517.971 Consolidated application. Each applicant for a permit to operate a mining operation shall submit a consolidated application to the State Department of Geology and Mineral Industries. The department and the permitting and cooperating agencies shall not begin deliberating on whether to issue a permit until the department receives an application fee and a complete consolidated application that includes but is not limited to
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(1) Name and location of the proposed facility. (2) Name, mailing address and phone number of the applicant and a registered agent for the applicant. (3) The legal structure of the applicant as filed in the business registry with the Secretary of State and the legal residence of …
ORS 517.972 [1989 c.347 §7; renumbered 517.730 in 1991]
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[Repealed or reserved.]
ORS 517.973 Fees; payment of expenses of department and permitting and cooperating agencies. (1) In addition to any permit fee required by any other permitting agency, each notice of intent to submit a consolidated application under ORS 517.961 must be accompanied by an initial fee established by the State Geologist in an amount not to exceed $10,000
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(2)(a) Annually on the anniversary date of an operating permit, each holder of an operating permit shall pay to the State Department of Geology and Mineral Industries a renewal fee established by the State Geologist in an amount not less than $2,500. (b) In addition to the fee pr…
ORS 517.974 [1989 c.347 §9; renumbered 517.735 in 1991]
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[Repealed or reserved.]
ORS 517.975 Distribution of completed consolidated application; notice of receipt of application. Upon receipt of a completed consolidated application, the State Department of Geology and Mineral Industries shall
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(1) Provide copies of the application to each affected local government, permitting agency, cooperating agency or federal agency. (2) Provide notice of the receipt of the consolidated application in accordance with ORS 517.959. The notice shall include information about the oppor…
ORS 517.976 [1989 c.347 §16; renumbered 517.740 in 1991]
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[Repealed or reserved.]