Chapter 517 — Chapter 517

ORS 517.977 Preparation of draft permits; public hearing; determination of completeness of consolidated application. (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 whether the information contained in the consolidated application is complete and sufficient to allow the permitting agencies to determine whether to issue a permit. The date and location of the public hearing and the period allowed for written comment shall be established by the department. Notice of the public hearing and comment period shall be given in accordance with ORS 517.959

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ORS 517.978 Review of application; additional information. (1) After the State Department of Geology and Mineral Industries issues a notice to proceed, the consolidated application shall be considered complete unless

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ORS 517.979 Environmental evaluation; review of baseline data; payment of costs of third party contractor. (1) The State Department of Geology and Mineral Industries shall direct staff or shall hire a third party contractor to

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ORS 517.980 Socioeconomic impact analysis. 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 agencies. [1991 c.735 §18]

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ORS 517.981 Draft permit and permit conditions; denial of permit; time limits; public hearing on draft permit. (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 Mineral Industries. If a permitting agency includes in its draft permit a condition that is inconsistent with the environmental evaluation conducted pursuant to ORS 517.979, the agency shall include with its draft permit a written explanation of the condition setting forth the findings of the agency that support the condition. The State Department of Geology and Mineral Industries shall assure that the conditions imposed on the permits by the cooperating agencies do not conflict. If the department finds a conflict exists, the technical review team shall resolve the conflict

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ORS 517.982 Final permits; permit conditions submitted by cooperating agencies. (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 within the time period required by any applicable federal law, whichever is sooner, approve, deny or modify the agency’s permit with conditions necessary to ensure that the mining operation allowed under a permit complies with the standards and requirements applicable to the permit

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ORS 517.983 Consolidated contested case hearing; judicial review; stay of permit. (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 consolidated contested case hearing. The request shall be filed within 30 days after the date the permit was granted or denied

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ORS 517.984 Modification of permit; project coordinating committee. (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

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ORS 517.985 Rulemaking. 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

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ORS 517.986 Time limit for final action on permit subject to consolidated application process. 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 after issuance of a notice to proceed under ORS 517.977. However, with the concurrence of the applicant, the processing of the application may be suspended for a period of time to allow the applicant to resolve issues having a bearing on, or necessary to any permitting agency’s decision or the department’s decision on whether to issue or deny a permit. [1991 c.735 §24]

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ORS 517.987 Reclamation bond or security; annual assessment of cost of reclamation; lien; release of security; post-reclamation security. (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, the State Department of Geology and Mineral Industries shall make an initial determination as to the amount of the reclamation bond necessary to protect human health and the environment. The department shall distribute a bond proposal to all permitting and cooperating agencies. The amount of the bond that the department may require to cover the actual cost of reclamation shall not be limited

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ORS 517.988 Permit conditions by State Department of Fish and Wildlife; violations of State Department of Fish and Wildlife conditions. (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 517.989

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ORS 517.989 Rules applicable to consolidated application. (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 notice of intent to submit an application is filed under ORS 517.961

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ORS 517.990 Criminal penalties. (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

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ORS 517.992 Civil penalties; rules. (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 rules adopted under those provisions, of any orders issued under those provisions or of any conditions of a permit issued under those provisions. A penalty may be imposed under this subsection without regard to whether the violation occurs on property covered by a permit issued under ORS 517.952 to 517.989

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