Title 43, Mineral Resources
5 chapters · 261 sections in this title.
ORS 517.963 Department duties upon receipt of notice of intent
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Upon receipt of a notice of intent under ORS 517.961, the State Department of Geology and Mineral Industries shall: (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 operat…
ORS 517.965 Project coordinating committee
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(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…
ORS 517.967 Technical review team
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(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: (a) Establish methodology guidelines to be followed in the collection o…
ORS 517.969 Collection of baseline data; public informational meetings; collection methodology
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(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: (a) Provide notice in accordance with ORS 517.959 that the prospective applicant intend…
ORS 517.971 Consolidated application
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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 …
ORS 517.973 Fees; payment of expenses of department and permitting and cooperating agencies
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(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 …
ORS 517.975 Distribution of completed consolidated application; notice of receipt of application
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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 …
ORS 517.977 Preparation of draft permits; public hearing; determination of completeness of consolidated application
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(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…
ORS 517.978 Review of application; additional information
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(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…
ORS 517.979 Environmental evaluation; review of baseline data; payment of costs of third party contractor
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(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…
ORS 517.980 Socioeconomic impact analysis
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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…
ORS 517.981 Draft permit and permit conditions; denial of permit; time limits; public hearing on draft permit
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(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…
ORS 517.982 Final permits; permit conditions submitted by cooperating agencies
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(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…
ORS 517.983 Consolidated contested case hearing; judicial review; stay of permit
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(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…
ORS 517.984 Modification of permit; project coordinating committee
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(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 …
ORS 517.985 Rulemaking
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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…
ORS 517.986 Time limit for final action on permit subject to consolidated application process
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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…
ORS 517.987 Reclamation bond or security; annual assessment of cost of reclamation; lien; release of security; post-reclamation security
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(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…
ORS 517.988 Permit conditions by State Department of Fish and Wildlife; violations of State Department of Fish and Wildlife conditions
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(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…
ORS 517.989 Rules applicable to consolidated application
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(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…
ORS 517.990 Criminal penalties
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(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…
ORS 517.992 Civil penalties; rules
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(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…