Title 43, Mineral Resources

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 …

(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. (2)(a) Annually on …

Upon receipt of a completed consolidated application, the State Department of Geology and Mineral Industries shall: (1) Provide copies of the application to each affected local government, permitting agency, cooperating agency or federal agency. (2) Provide notice of the receipt …

(1) When all members of the technical review team concur that the permitting agencies and the cooperating agencies are ready to begin preparing draft permits, the State Department of Geology and Mineral Industries shall conduct a public hearing and accept written comments on whet…

(1) After the State Department of Geology and Mineral Industries issues a notice to proceed, the consolidated application shall be considered complete unless: (a) New information is available that could not have been presented at the time of the completeness hearing; or (b) Addit…

(1) The State Department of Geology and Mineral Industries shall direct staff or shall hire a third party contractor to: (a) Prepare an environmental evaluation; (b) Review baseline data submitted by the applicant; and (c) Review application material if a permitting agency or a c…

Concurrent with the development of the environmental evaluation, the State Department of Geology and Mineral Industries shall direct staff or hire a third party contractor to prepare a socioeconomic impact analysis for the use of the applicant, local government and affected agenc…

(1) Within 225 days after receiving the completed consolidated application and the environmental evaluation conducted under ORS 517.979, each permitting agency shall provide its draft permit and permit conditions or its denial document to the State Department of Geology and Miner…

(1) Based on information received at the consolidated public hearing, from persons submitting written comments, commenting agencies and the review of the affected agencies, each permitting agency shall, within 45 days after the consolidated public hearing under ORS 517.981 or wit…

(1) The applicant or any person who appeared before a permitting agency at the consolidated public hearing under ORS 517.981, either orally or in writing, regarding a permit granted or denied by the permitting agency may file with the State Geologist a written request for a conso…

(1) The operator, the State Department of Geology and Mineral Industries, any other permitting agency or a cooperating agency may request modification of a permit issued under the process established under ORS 517.952 to 517.989. (2) If a permitting agency is requested to make a …

In accordance with applicable provisions of ORS chapter 183, the governing board of the State Department of Geology and Mineral Industries shall adopt rules necessary to implement the provisions of ORS 517.952 to 517.989. The rules shall include but need not be limited to: (1) Th…

Notwithstanding any other provision of law, the State Department of Geology and Mineral Industries and any other permitting agency shall take final action to issue or deny a permit subject to the consolidated application process set forth in ORS 517.952 to 517.989 within one year…

(1) At the time of submitting a consolidated application under ORS 517.971, the applicant shall estimate the total cost of reclamation consistent with the standards imposed under ORS 517.702 to 517.989. Using the reclamation estimate and a credible accident analysis as a guide, t…

(1) The State Department of Fish and Wildlife shall develop conditions for the protection of fish and wildlife resources that shall be included in any permit issued by the State Department of Geology and Mineral Industries under the process established under ORS 517.952 to 517.98…

(1) Except as provided in subsections (2) and (3) of this section, the State Department of Geology and Mineral Industries and all permitting and commenting agencies shall review and take action on a consolidated application in accordance with rules in effect at the time the notic…

(1) A person who conducts a surface mining operation without a valid operating permit as required by ORS 517.750 to 517.901 commits a Class A violation. (2) Subject to ORS 153.022, violation of any provision of ORS 517.750 to 517.901, or any rules promulgated pursuant thereto, or…

(1) In addition to any other sanction authorized by law, the governing board of the State Department of Geology and Mineral Industries may impose a civil penalty of not less than $200 per day and not more than $50,000 per day for any violation of ORS 517.952 to 517.989, of any ru…