72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1719
 
                         Senate Bill 866
 
Sponsored by Senator SHIELDS, Representative NOLAN
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Directs State Geologist to establish fee to recover costs
associated with issuing mining operation permits. Changes annual
fee for aggregate or mineral ore extraction paid to State
Department of Geology and Mineral Industries. Eliminates cap on
fees.
 
                        A BILL FOR AN ACT
Relating to recovery of costs for mining operation permits;
  amending ORS 517.800.
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 - }  { +  that is sufficient to recover:
  (A) The costs associated with issuing the permit, including
analysis, survey drafting and administrative costs; and
  (B) Costs that are expected to be incurred due to any adverse
environmental impacts of the mining operation + }.
  (b) If an application for a new 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) { + (a) + } 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 on the tonnage of aggregate or mineral
ore extracted during the previous 12 months and shall not exceed
 { - : - }  { + $1,200 for any tonnage less than 100,000, plus an
additional fee of $800 for a tonnage of 100,000 to 199,999 and
$800 for each increment of 100,000 tons thereafter. + }
    { - (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. - }
   { +  (b) The State Geologist may use moneys collected pursuant
to this subsection to recover costs associated with the operating
permit. + }
  (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.
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