74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 149
 
LC 618/SB 149-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 149
 
        By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
 
                             April 5
 
  On page 1 of the printed bill, line 7, delete 'and 4' and
insert ', 4 and 4a'.
  In line 27, delete 'and'.
  In line 28, delete the period and insert '; and
  ' (c) Remove any excavated materials from buffers, setbacks or
other areas not approved for disturbance and restore the areas to
the approximate pre-mining contours with materials approved by
the department.'.
  On page 2, after line 38, insert:
  '  { +  SECTION 4a. + }  { + (1)(a) The governing board of the
State Department of Geology and Mineral Industries may adopt
rules requiring the surveying or marking of surface mining
operations.
  ' (b) The rules may include, but are not limited to,
requirements for maps or diagrams showing areas excavated or
approved for excavation, setbacks or buffers established by the
operating permit and the location of buildings, wells, ponds,
haul roads, stockpiles, bodies of water and floodways.
  ' (c) The rules may require that information required under
this subsection be updated if the mining operations are subject
to:
  ' (A) A notice of violation under ORS 517.860;
  ' (B) A suspension order under ORS 517.880; or
  ' (C) A significant modification of the operating permit or
reclamation plan under section 4 of this 2007 Act.
  ' (d) The rules may exempt mining operations from survey or
marking requirements based on the size or location of the
operations or on the distance of the operations from ground and
surface waters.
  ' (e) The rules must allow for reasonable compliance schedules
for existing mining operations.
  ' (2) The governing board may adopt rules requiring surface
mining operators to collect and report information relating to
amount and nature of materials excavated or processed at a
surface mining operation and the impacts of mining operations on
ground or surface water. + } ' .
  On page 4, line 21, after 'operations' delete the rest of the
line and lines 22 through 24 and insert 'reasonably necessary for
farming;'.
  On page 5, line 44, after 'railroads' delete 'and' and insert a
comma and after 'facilities' insert ', wells, irrigation ditches,
ponds, stockpiles, buffers, setbacks and excavation boundaries'.
  In line 45, after 'be' insert 'protected or'.
  On page 6, line 12, after 'may' delete the rest of the line and
lines 13 and 14 and insert 'waive the requirement for preparation
and approval of a reclamation plan if:
  ' (a) The operation is conducted as part of the on-site
construction of a building, public works project or other
physical improvement of the subject property;
 
  ' (b) The operation is reasonably necessary for such
construction; and
  ' (c) The proposed improvements are authorized by the local
jurisdiction with land use authority.'.
  In line 15, delete 'a' and insert 'the owner or owners of the
surface and mineral interests of the lands included within the
surface mining area'.
  In line 16, delete 'landowner that will be affected by the
operation'.
  In line 17, delete 'landowner' and insert 'owner or owners of
all surface and mineral interests of the lands included within
the surface mining area'.
  On page 10, line 15, after 'time' insert 'not to exceed one
year'.
  In line 31, after the period insert 'Failure to comply
includes, but is not limited to, disturbing land within the
permit boundary that has not been approved by the department for
excavation, placement of debris or removal of vegetation.'.
  In line 35, after 'operation' insert ', including the
restoration of buffers, setbacks or other areas not approved for
disturbance'.
  On page 11, line 3, delete 'Class A misdemeanor' and insert '
violation subject to a fine of not more than $10,000'.
  In line 5, delete 'for which a permit is' and insert ' without
a valid operating permit as'.
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