Chapter 520 Oregon Laws 2003

AN ACT

HB 2256

Relating to mining fees; amending ORS 517.800; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 517.800 is amended to read:

517.800. (1)(a) Except for an application for a chemical process mining operation submitted under ORS 517.952 to 517.989, each applicant for an operating permit under ORS 517.702 to 517.989 shall pay to the State Department of Geology and Mineral Industries a fee established by the State Geologist in an amount not to exceed [$875] $1,200.

(b) If an application for a new permit or an amendment to an existing permit requires extraordinary department resources because of concerns about slope stability or proximity to waters of the state or other environmentally sensitive areas, the applicant shall pay to the department an additional fee in an amount determined by the State Geologist to be adequate to cover the additional costs for staff and other related expenses. The State Geologist shall consult with the applicant when determining the amount of the fee.

(2) Annually on the anniversary date of each operating permit, each holder of an operating permit shall pay to the department a fee established by the State Geologist. The [annual fee shall be based] State Geologist shall base the fee on the tonnage of aggregate or mineral ore extracted during the previous 12 months [and shall not exceed:]

[(a) $635 for zero to 99,999 tons.]

[(b) $835 for 100,000 to 199,999 tons.]

[(c) $1,035 for 200,000 to 299,999 tons.]

[(d) $1,235 for 300,000 to 399,999 tons.]

[(e) $1,435 for 400,000 to 499,999 tons.]

[(f) $1,635 for 500,000 tons or more.]

according to the following schedule:

(a) $670 for zero to less than 10,000 tons.

(b) $735 for 10,000 to less than 100,000 tons.

(c) $935 for 100,000 to less than 200,000 tons.

(d) $1,135 for 200,000 to less than 300,000 tons.

(e) $1,335 for 300,000 to less than 400,000 tons.

(f) $1,535 for 400,000 to less than 500,000 tons.

(g) $1,735 for 500,000 to less than 600,000 tons.

(h) $1,935 for 600,000 to less than 700,000 tons.

(i) $2,135 for 700,000 to less than 800,000 tons.

(j) $2,335 for 800,000 to less than 900,000 tons.

(k) $2,535 for 900,000 to less than 1,000,000 tons.

(L) $2,735 for 1,000,000 to less than 1,100,000 tons.

(m) $2,935 for 1,100,000 to less than 1,200,000 tons.

(n) $3,135 for 1,200,000 to less than 1,300,000 tons.

(o) $3,335 for 1,300,000 to less than 1,400,000 tons.

(p) $3,535 for 1,400,000 to less than 1,500,000 tons.

(q) $3,735 for 1,500,000 tons or more.

(3) If a reclamation plan is changed to address significant revision or intensification, the permittee may be assessed for staff time and other related costs an amount not to exceed $625 in addition to the annual renewal fee.

(4) If, at operator request, the department responds to requests for information required by a local government in making a land use planning decision on behalf of the operator for a specific site, the State Geologist may require the operator to pay the department a fee for staff time and related costs. The department shall notify the operator in advance of the estimated costs of providing the information, and the actual amount assessed shall not exceed the estimate provided by the department.

(5) The State Geologist may require the operator of a site to pay to the department a special inspection fee in an amount not to exceed $200 for an inspection conducted under the following circumstances:

(a) Investigation of surface mining operations conducted without the operating permit required under ORS 517.790; or

(b) Investigation of surface mining operations conducted outside the area authorized in an operating permit.

(6) Upon request of an applicant, permittee or operator, the department shall provide an itemized list and documentation of expenses used to determine a fee under subsection (1)(b), (3) or (4) of this section.

(7) The governing board of the State Department of Geology and Mineral Industries shall adopt by rule a procedure for the administrative review of the determinations of fees under this section.

SECTION 2. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect September 1, 2003.

Approved by the Governor July 1, 2003

Filed in the office of Secretary of State July 1, 2003

Effective date September 1, 2003

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