74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 149
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for State Department of Geology and Mineral
Industries)
CHAPTER ................
AN ACT
Relating to the State Department of Geology and Mineral
Industries; creating new provisions; amending ORS 517.750,
517.755, 517.780, 517.790, 517.800, 517.820, 517.830, 517.835,
517.840, 517.850, 517.860, 517.865, 517.870, 517.880, 517.910,
517.930, 517.940, 517.950, 517.956, 517.984, 517.987, 517.990
and 517.992; and repealing ORS 517.785.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2, 3, 4 and 4a of this 2007 Act are
added to and made a part of ORS 517.750 to 517.901. + }
SECTION 2. { + (1) Except as provided in subsection (2) of
this section, the State Department of Geology and Mineral
Industries may not revoke, terminate or refuse to renew an
operating permit if marketable reserves exist at the permitted
site and if there is a significant potential for continued mining
opportunities given reasonably foreseeable economic conditions.
(2) The department may revoke, terminate or refuse to renew an
operating permit if the operator:
(a) Requests termination, provided that all reclamation
requirements in the operating permit and reclamation plan have
been satisfied;
(b) Fails to pay a fee as required by ORS 517.800 within 60
days of the due date;
(c) Fails to provide or maintain a bond or security as required
by ORS 517.810;
(d) Fails to comply with an order issued under ORS 517.860; or
(e) Fails to comply with a suspension order issued under ORS
517.880.
(3) If an operating permit is revoked, terminated or not
renewed, the operator may not perform any actions at the
permitted site, except that the operator may, after receiving
written approval from the department:
(a) Perform actions at the permitted site that are necessary to
comply with reclamation requirements in the operating permit or
reclamation plan, including but not limited to removal of
mining-related stockpiles;
(b) Excavate materials at the permitted site that are necessary
for reclamation; and
Enrolled Senate Bill 149 (SB 149-A) Page 1
(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.
(4) The department, in lieu of or in addition to revoking,
terminating or refusing to renew an operating permit for the
reasons specified in subsection (2) of this section, may recover
against the bond or security filed pursuant to ORS 517.810 and
reclaim the area affected by surface mining. + }
SECTION 3. { + (1) A person who by sale, assignment, lease or
other means has succeeded in interest to an uncompleted surface
mining operation may request that the State Department of Geology
and Mineral Industries release the existing operator from any
reclamation obligations and transfer the operating permit to the
successor. The department shall transfer the operating permit,
unless:
(a) The successor does not agree to full assumption of the
reclamation requirements in the operating permit and reclamation
plan;
(b) The successor fails to provide a bond or security as
required by ORS 517.810;
(c) More than one person has a claim to the property or
operating permit and there is a dispute between the claimants
that presents a justiciable controversy; or
(d) The successor, as the operator of another permitted site in
this state, has failed to substantially comply with the
conditions of an operating permit or reclamation plan, the
provisions of ORS 517.702 to 517.989 or the rules adopted by the
department to carry out the purposes of ORS 517.702 to 517.989.
(2) The governing board of the State Department of Geology and
Mineral Industries may adopt rules relating to the
responsibilities and duties of a person requesting a transfer of
an operating permit under this section. + }
SECTION 4. { + (1) Except as provided in subsection (2) of
this section, the State Department of Geology and Mineral
Industries may not modify an operating permit or reclamation plan
without the consent of the operator.
(2) The department may modify an operating permit or
reclamation plan without the consent of the operator if, because
of changed conditions at the permitted site or because of
information otherwise not available to the department at the time
of permit issuance or reclamation plan establishment, the
department finds, by substantial evidence, that a modification is
justified due to the potential for:
(a) Substantial harm to off-site property;
(b) Harm to threatened or endangered species; or
(c) Channel changes or unstable pit walls.
(3) Modification of an operating permit or reclamation plan
without the consent of the operator must be limited to the areas
or matters affected by the changed conditions or new information.
(4) If the department modifies an operating permit or
reclamation plan without the consent of the operator, the
department must provide the operator with an opportunity for
alternative dispute resolution in the manner provided in ORS
183.502. + }
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
Enrolled Senate Bill 149 (SB 149-A) Page 2
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. + }
SECTION 5. ORS 517.750 is amended to read:
517.750. As used in ORS 517.702 to 517.989, unless the context
requires otherwise:
(1) 'Board' means the governing board of the State Department
of Geology and Mineral Industries.
(2) 'Completion' means termination of surface mining activities
including reclamation of the surface-mined land in accordance
with the approved reclamation plan and operating permit.
(3) 'Department' means the State Department of Geology and
Mineral Industries.
(4) 'Exploration' means all activities conducted on or beneath
the surface of the earth for the purpose of determining presence,
location, extent, grade or economic viability of a deposit.
'Exploration' does not include prospecting or chemical processing
of minerals.
(5) 'Explorer' means, notwithstanding the provisions of ORS
517.810 (2), any individual, public or private corporation,
political subdivision, agency, board or department of this state,
any municipality, partnership, association, firm, trust, estate
or any other legal entity whatsoever that is engaged in
exploration.
(6) 'Landowner' means { + :
(a) + } The person possessing fee title to the natural mineral
deposit being surface mined or explored { - . - } { + ; and
(b) The owner of an equitable interest in land that is subject
to a deed of trust. + }
(7) 'Minerals' includes soil, coal, clay, stone, sand, gravel,
metallic ore and any other solid material or substance excavated
for commercial, industrial or construction use from natural
deposits situated within or upon lands in this state.
(8) 'Operator' means any individual, public or private
corporation, political subdivision, agency, board or department
of this state, any municipality, partnership, association, firm,
trust, estate or any other legal entity whatsoever that is
engaged in surface mining operations.
(9) 'Overburden' means the soil, rock and similar materials
that lie above natural deposits of minerals.
{ + (10) 'Person' means any person, any federal agency or any
public body, as defined in ORS 174.109. + }
Enrolled Senate Bill 149 (SB 149-A) Page 3
{ - (10) - } { + (11) + } 'Processing' includes, but is not
limited to, crushing, washing, milling and screening as well as
the batching and blending of mineral aggregate into asphalt and
portland cement concrete located within the operating permit
area.
{ - (11) - } { + (12) + } 'Reclamation' means the
employment in a surface mining operation or exploration of
procedures { - , - } reasonably designed to { + :
(a) + } Minimize { + , + } as much as practicable { - the
disruption from - } { + , the adverse effects of + } the surface
mining operation or exploration { + on land, air and water
resources; + } and { - to - }
{ + (b) + } Provide for the rehabilitation of { - any
such - } surface resources adversely affected by { - such - }
{ + the + } surface mining operations or exploration through the
rehabilitation of plant cover, soil stability { - , - }
{ + and + } water resources and { + through + } other measures
{ - appropriate - } { + that contribute + } to the subsequent
beneficial use of { - such - } { + the + } explored
{ - or - } { + , + }mined { - and - } { + or + } reclaimed
lands.
{ - (12) - } { + (13) + } 'Reclamation plan' means a
written proposal, submitted to the department as required by ORS
517.702 to 517.989 and subsequently approved by the department as
provided in ORS 517.702 to 517.989, for the reclamation of the
land area adversely affected by a surface mining operation or
exploration and including, but not limited to the following
information:
(a) Proposed measures to be undertaken by the operator in
protecting the natural resources of adjacent lands.
(b) Proposed measures for the rehabilitation of the explored or
surface-mined lands and the procedures to be applied.
(c) The procedures to be applied in the surface mining
operation or exploration to control the discharge of contaminants
and the disposal of surface mining refuse.
(d) The procedures to be applied in the surface mining
operation or exploration in the rehabilitation of affected stream
channels and stream banks to a condition minimizing erosion,
sedimentation and other factors of pollution.
(e) The map required by ORS 517.790 (1)(e) and such other maps
and supporting documents as may be requested by the department.
(f) A proposed time schedule for the completion of reclamation
operations.
(g) Requirements of the exploration permit.
{ - (13) 'Spoil bank' means a deposit of excavated overburden
or mining refuse. - }
{ + (14) 'Surface impacts of underground mining' means all
waste materials produced by underground mining and placed upon
the surface including, but not limited to, waste dumps, mill
tailings, washing plant fines and all surface subsidence related
to underground mining. + }
{ - (14)(a) - } { + (15)(a) + } 'Surface mining' includes
all or any part of the process of mining minerals by the removal
of overburden and the extraction of natural mineral deposits
thereby exposed by any method by which more than 5,000 cubic
yards of minerals are extracted or by which at least one acre of
land is affected within a period of 12 consecutive calendar
months, including open-pit mining operations, auger mining
operations, processing, surface impacts of underground mining,
production of surface mining refuse and the construction of
Enrolled Senate Bill 149 (SB 149-A) Page 4
adjacent or off-site borrow pits (except those constructed for
use as access roads).
(b) 'Surface mining' does not include { + :
(A) + } Excavations of sand, gravel, clay, rock or other
similar materials conducted by the landowner or tenant for the
primary purpose of construction, reconstruction or maintenance of
access roads { + on the same parcel or on an adjacent parcel
that is under the same ownership as the parcel that is being
excavated; + }
{ + (B) + } { - and - } Excavation or grading operations
{ - conducted in the process of farming or cemetery operations,
on-site road construction or other on-site construction, - }
{ + reasonably necessary for farming;
(C) + } { - or - } Nonsurface { - impacts - }
{ + effects + } of underground { - mines; - } { + mining; or
(D) + } { - and also does not include - } { + Removal
of + } rock, gravel, sand, silt or other similar substances
removed from the beds or banks of any waters of this state
pursuant to { + a + }permit issued under ORS 196.800 to
{ - 196.825 and 196.835 to 196.870 - } { + 196.900 + }.
{ - (15) - } { + (16) + } 'Surface mining refuse' means all
waste materials, soil, rock, mineral, liquid, vegetation and
other materials resulting from or displaced by surface mining
operations within the operating permit area, including all waste
materials deposited in or upon lands within { - such - }
{ + the + } operating permit area.
{ - (16) 'Surface impacts of underground mining' means all
waste materials produced by underground mining and placed upon
the surface including, but not limited to, waste dumps, mill
tailings, washing plant fines, and all surface subsidence related
to underground mining. - }
(17) 'Underground mining' means all human-made excavations
below the surface of the ground through shafts or adits for the
purpose of exploring for, developing or producing valuable
minerals.
SECTION 6. ORS 517.780 is amended to read:
517.780. (1) The provisions of ORS 517.702 to 517.989 and the
rules and regulations adopted thereunder { - shall - }
{ + do + } not supersede any zoning laws or ordinances in effect
on July 1, 1972. However, if { - such - } { + the + } zoning
laws or ordinances are repealed on or after July 1, 1972, the
provisions of ORS 517.702 to 517.989 and the rules and
regulations adopted thereunder { - shall be - } { + are + }
controlling. The governing board of the State Department of
Geology and Mineral Industries may adopt rules and regulations
with respect to matters { - presently - } covered by
{ - such - } zoning laws and ordinances { + in effect on July
1, 1972 + }.
{ - (2) In lieu of the permit required by ORS 517.790, an
operator may conduct surface mining provided such surface mining
is done pursuant to a valid permit issued by the appropriate
authority of a city or county in which the mining is taking
place, if such authority has adopted an ordinance, approved by
the board prior to July 1, 1984, requiring reclamation of land
that has been surface mined. If such county ordinance is repealed
on or after July 1, 1984, the provisions of ORS 517.702 to
517.989 and the rules and regulations adopted thereunder shall be
controlling. The board may adopt rules and regulations with
respect to matters presently covered by such zoning laws and
ordinances. A county ordinance adopted for the purpose specified
Enrolled Senate Bill 149 (SB 149-A) Page 5
in this subsection may apply to surface mining within a city in
the county if the city consents thereto. On or after July 1,
1984, surface mining shall be conducted only pursuant to the
permit required under ORS 517.790 in all counties which have not
received approval of an ordinance prior to that date. - }
{ - (3) - } { + (2) + } City or county operated surface
mining operations
{ - which - } { + that + } sell less than 5,000 cubic yards
of minerals within a period of 12 consecutive calendar months
{ - , - } are exempt from the state mining permit requirements
of ORS 517.702 to 517.989 if the city or county adopts an
ordinance { - which shall include - } { + that includes + } a
general reclamation scheme establishing the means and methods of
achieving reclamation for city or county operated surface mining
sites exempted from the state permit requirements by this
subsection.
{ - (4) A city or county may determine and collect fees for
any function performed pursuant to subsection (2) of this
section. However, no such fee shall exceed the amounts
prescribed in ORS 517.800. A city or county shall issue a permit
for each regulated surface mining activity within its
jurisdiction, and all such permittees are subject to the payment
of any fee charged by the city or county. However, those
activities described in ORS 517.770 are not required to comply
with mined land reclamation plans. City or county fees shall be
in lieu of any surface mining permit fees assessed by the State
Department of Geology and Mineral Industries. - }
SECTION 7. ORS 517.790 is amended to read:
517.790. (1) { - Except as otherwise provided by ORS 517.780
(2), after July 1, 1972, no - } { + A + } landowner or operator
{ - shall permit - } { + may not allow + } or engage in
surface mining on land not surface mined on July 1, 1972, without
{ - having first applied for and received an - } { + holding a
valid + } operating permit from the State Department of Geology
and Mineral Industries for { - such - } { + the + } surface
mining operation. A separate permit { - shall be - }
{ + is + } required for each separate surface mining operation.
{ - Prior to receiving - } { + A person seeking + } an
operating permit from the department { - the landowner or
operator must - } { + shall + } submit an application on a form
provided by the department that contains { + the following + }
information
{ - considered by the department to be pertinent in its review
of the application, including but not limited to - } :
(a) The name and address of the landowner and the operator and
the names and addresses of any persons designated by them as
their agents for the service of process.
(b) The materials for which the { - surface mining - }
operation is to be conducted.
(c) The type of surface mining to be employed in { - such - }
{ + the + } operation.
(d) The proposed date for the initiation of { - such - }
{ + the + } operation.
(e) The size and legal description of the lands that will be
affected by { - such - } { + the + } operation, and, if more
than 10 acres of land will be affected by { - such - }
{ + the + } operation and if the department { - considers - }
{ + determines that + } the conditions { - to - } warrant it,
a map of the lands to be surface mined that { - shall
include - } { + includes + } the boundaries of the affected
Enrolled Senate Bill 149 (SB 149-A) Page 6
lands, topographic details of { - such - } { + the + } lands,
the location and names of all streams, roads, railroads { + , + }
{ - and - } utility facilities { + , wells, irrigation ditches,
ponds, stockpiles, buffers, setbacks and excavation
boundaries + } within or adjacent to { - such - } { + the + }
lands, the location of all proposed access roads to be
{ + protected or + } constructed in conducting
{ - such - } { + the + } operation and the names and
addresses of the owners of all surface and mineral interests of
the lands included within the surface mining area.
(f) If { - economically - } practicable, a plan for visual
screening by vegetation or otherwise that will be established and
maintained on the lands within { - such - } { + the + }
operation for the purpose of screening { - such - }
{ + the + } operation from the view of persons using adjacent
public highways, public parks and residential areas.
(g) The type of monitoring well abandonment procedures.
{ - (2) - } { + (h) + } { - The application referred to
in subsection (1) of this section must also contain - } A
proposed reclamation plan that is acceptable to and approved by
the department.
{ + (i) Any other information that the department considers
pertinent in its review of the application.
(2) The department may 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.
(3) The department may not issue an operating permit to an
operator other than the owner or owners of the surface and
mineral interests of the lands included within the surface mining
area unless the operator:
(a) Has written approval from the owner or owners of all
surface and mineral interests of the lands included within the
surface mining area; and
(b) Maintains a legal interest in the lands that is sufficient
to ensure that the operator has the authority to operate and
reclaim the lands as provided in the operating permit and
reclamation plan.
(4) The department may refuse to issue an operating permit to a
person who has not, in the determination of the department,
substantially complied with the conditions of an operating permit
or reclamation plan, the provisions of this chapter or the rules
adopted by the department to carry out the purposes of this
chapter. + }
SECTION 8. ORS 517.830 is amended to read:
517.830. (1) { - Except as provided in subsection (3)(a) and
(b) of this section, - } Upon receipt of an application for an
operating permit, the State Department of Geology and Mineral
Industries shall { - cause - } { + inspect + } the operating
site described { - therein to be inspected - } { + in the
application + }. Within { - 45 - } { + 90 + } days after the
date
{ - on which such - } { + that the + } application { - is
received - } and { - upon receipt of - } the required permit
Enrolled Senate Bill 149 (SB 149-A) Page 7
fee { + are received + }, the department shall issue the
operating permit applied for or, if it considers
{ - such - } { + the + } application incomplete, return the
application to the applicant for correction of the deficiencies
indicated by the department.
(2) Failure by the department to act upon the reclamation plan
submitted with an application for an operating permit within the
{ - 45-day - } { + 90-day + } period referred to in subsection
(1) of this section { - shall not be considered - } { + is
not + } a denial by the department of the operating permit
applied for. The department, pending final approval of a
reclamation plan, may issue a provisional permit subject to
reasonable limitations that may be prescribed by the department
and conditioned upon the applicant's compliance with the bond and
security requirements established by ORS 517.810.
(3)(a) Notwithstanding { - the provisions of - } subsections
(1) and (2) of this section, if an application involves an
aggregate site that requires a permit issued pursuant to ORS
215.427 or 227.178, and if the local jurisdiction requests that
the application not be decided until the local jurisdiction has
taken final action, the department shall make a final decision on
the operating permit and reclamation plan no later than 165 days
after the date a complete land use application is submitted to
the local jurisdiction, unless the applicant agrees to allow
additional time under ORS 215.427, 215.429, 227.178 or 227.179.
If a plan amendment is required as part of issuance of a permit,
the provisions of paragraph (b) of this subsection apply. The
department { - shall - } { + may + } not approve an operating
permit and reclamation plan if the land use application is
denied.
(b) Notwithstanding { - the provisions of - } subsections
(1) and (2) of this section, if an application involves an
aggregate site that requires { - a comprehensive plan - }
amendment { + to a comprehensive plan, as defined in ORS
197.015 + }, and if the local jurisdiction requests that the
application not be decided until the local jurisdiction has taken
final action on the plan amendment, the department
{ - shall - } { + may + } not make a final decision on the
operating permit and reclamation plan until the local
jurisdiction has taken final action on the plan amendment. The
department shall make its final decision within 45 days of the
date that the local jurisdiction has taken final action on the
plan amendment. The department { - shall - } { + may + } not
approve an operating permit and reclamation plan if the plan
amendment is denied.
{ - (c) - } { + (4) + } Conditions and requirements imposed
on an operating permit and reclamation plan, and modifications
thereto, issued subsequent to issuance of a local jurisdiction
permit shall be compatible with the requirements and conditions
of the local government permit, unless more stringent
requirements are necessary to comply with the provisions of ORS
517.750 to 517.901.
{ - (d) - } { + (5) + } If a local jurisdiction does not
request that the department delay a decision on an operating
permit and reclamation plan as provided in { - paragraphs (a)
and (b) of this subsection - } { + subsection (3) of this
section + }, the department shall { + :
(a) + } Give the local jurisdiction the opportunity to review
and comment on the application { - , - } { + ; + } and
{ - shall - }
Enrolled Senate Bill 149 (SB 149-A) Page 8
{ + (b) + } Notify the local jurisdiction of the decision and
requirements and conditions imposed by the department.
{ - (4) - } { + (6) + } If the department refuses to
approve a { + submitted + } reclamation plan { - in the form
submitted by the applicant - } , it shall notify the applicant,
in writing, of its reasons for the refusal to approve
{ - such - } { + the + } reclamation plan, including
additional requirements as may be prescribed by the department
for inclusion in { - such - } { + the + } reclamation plan.
Within 60 days after the receipt of { - such - } { + the + }
notice, the applicant shall comply with the additional
requirements prescribed by the department for { - such - }
{ + the + } reclamation plan or file with the department a
notice of appeal from the decision of the department with respect
to { - such - } { + the + } reclamation plan. If a notice of
appeal is filed with the department by the applicant, the
department may issue a provisional permit to { - such - }
{ + the + } applicant.
{ - (5) An operating permit issued by the department under
this section shall be granted for the period required to mine the
land described in such permit and shall be valid, subject to
payment of the renewal fee, until the surface mining operation
described in the operating permit is completed or mining
operations cease and the site is reclaimed. Each such operating
permit shall provide that the operating permit and the
reclamation plan described therein may be modified upon agreement
between the department and the permittee to change the
reclamation plan included within the operating permit. In
addition, for operating permits first issued or expanded after
October 23, 1999, the department may modify an operating permit
and reclamation plan as necessary to address new information or
changed conditions for site conditions that will result in
substantial harm to off-site public or private property and that
relate to slope stability, surface mining activities that will
result in a taking of endangered species or channel changes that
threaten pit wall stability. Upon a determination that the
activity will result in substantial harm, the department shall
meet with the permittee to discuss the proposed modifications to
the operating permit and reclamation plan. A final determination
by the department to require a unilateral modification of an
operating permit and reclamation plan shall be based on clear and
convincing scientific evidence. Any modification required by the
department shall be limited to those areas and matters affected
by the new information or changed conditions. - }
{ - (6) The department may not require a unilateral
modification of an operating permit and reclamation plan under
subsection (5) of this section without first providing the
permittee an opportunity for an alternative means of dispute
resolution as authorized by ORS 183.502. - }
{ - (7) When a person succeeds to the interest of a permittee
in any uncompleted surface mining operation by sale, assignment,
lease or other means, the department shall release the permittee
from the duties imposed upon the permittee under the operating
permit if a successor assumes fully the duties of the former
permittee with respect to the reclamation of the surface-mined
lands. Upon the assumption by such person of the duties of the
permittee as provided in this subsection, the department shall
transfer the operating permit to the successor upon the approval
of such successor's bond or security as required under ORS
517.702 to 517.989. - }
Enrolled Senate Bill 149 (SB 149-A) Page 9
{ - (8) - } { + (7) + } If an application is submitted as
part of the consolidated application process under ORS 517.952 to
517.989, review of the application and approval or denial of the
application shall be in accordance with ORS 517.952 to 517.989.
However, { - such - } { + the + } review and approval or
denial shall take into consideration all policy considerations
for issuing a permit under ORS 517.702 to 517.989.
SECTION 9. ORS 517.835 is amended to read:
517.835. (1) Notwithstanding { - ORS 517.830 (5) - }
{ + section 4 of this 2007 Act + }, the State Department of
Geology and Mineral Industries may require conditions on any new
or existing surface mining operating permit or reclamation plan
sufficient to prevent or mitigate off-site impacts to ground
water resources from the removal of water from surface mining
operations. The department may include ground water monitoring as
one of the conditions.
(2) The department shall consult with the { - permittee - }
{ + operator + } and the Water Resources Department in assessing
off-site impacts and in developing prevention or mitigation
measures prior to imposing any conditions on an operating permit
or reclamation plan pursuant to this section.
SECTION 10. ORS 517.840 is amended to read:
517.840. (1) The governing board of the State Department of
Geology and Mineral Industries shall administer and enforce the
provisions of ORS 517.702 to 517.989 and:
(a) May conduct or cause to be conducted investigations,
research, experiments and demonstrations and may collect and
disseminate information related to surface mining and the
reclamation of surface-mined lands.
(b) May cooperate with other governmental and private agencies
of this state or of other states and with agencies of the federal
government, including the reimbursement for any services provided
by such agencies to the State Department of Geology and Mineral
Industries at its request.
(c) May apply for, accept and expend public and private funds
made available for the reclamation of lands affected by surface
mining in accordance with the purposes of ORS 517.702 to 517.989.
(d) May, in accordance with the applicable provisions of ORS
chapter 183, adopt rules { - considered by the board to be
necessary in carrying - } { + to carry + } out the provisions
of ORS 517.702 to 517.989. { - However, such rules shall be
subject to existing rights under any permit, license, lease or
other valid authorization granted or issued by a governmental
entity. - }
(e) Shall establish by rule a program to encourage voluntary
reclamation practices that exceed the normal reclamation
standards to provide maximum enhancement and benefits from mined
lands. The program shall include incentives and other actions
that will encourage voluntary reclamation practices.
(f) May receive and manage abandoned mined land funds received
for abandoned mined land reclamation from the federal government.
(2) { - Not later than one year after October 3, 1989, the
board, after - } { + In + } consultation with the Department of
Environmental Quality, { + the board + } shall identify
{ - initially - } those naturally occurring hazardous or toxic
metals and minerals { - which - } { + that + }, if present in
sufficient concentrations at a surface mining site, subject the
{ - permittee - } { + operator + } to the increased bond or
security requirements of ORS 517.950. The metals and minerals
Enrolled Senate Bill 149 (SB 149-A) Page 10
shall include, but need not be limited to, arsenic, mercury,
lead, uranium and asbestos.
SECTION 11. ORS 517.860 is amended to read:
517.860. (1) If { + , + } from inspections conducted pursuant
to ORS 517.850 { - , - } or from any other source { + , + } the
State Department of Geology and Mineral Industries determines
that the { - permittee - } { + operator + } has not complied
with or is not complying with the operating permit, { + the + }
reclamation plan, { + the provisions of + } this chapter or the
rules of the department, the department may issue { + either or
both of the following to the operator:
(a) + } Written notice of the violation { - to the
permittee, - } { + . The notice shall + } specifically
{ - outlining - } { + outline + } the deficiencies.
{ + (b) + } { - The notice - } { + A compliance order.
The order + } may specify { + a date by which the + } { - a
period during which the permittee shall commence action to
rectify those deficiencies and diligently proceed with such
action until all deficiencies are corrected. The notice may
include a date by which all deficiencies must be corrected.
However, - } { + operator shall rectify any deficiencies. + }
The department may extend { - performance periods for - }
{ + the period if + } delays occasioned for causes beyond the
{ - permittee's - } { + operator's + } control
{ + necessitate more time + }, but only when the
{ - permittee - } { + operator + } is, in the opinion of the
department, making a reasonable effort to comply { + with the
order + }.
(2) { - The department may issue an order requiring
compliance with the operating permit, reclamation plan, this
chapter or the rules of the department, or - } The department
may recover against the bond or alternative form of financial
security and reclaim the area affected by surface mining if the
department determines that { + an operator + }:
(a) { - A permittee - } Has failed to comply with a
department
{ - notice - } { + order + } issued under subsection (1) of
this section;
(b) { - A permittee - } Fails to complete reclamation in
conformance with the reclamation plan on any segment of the
{ - permit area - } { + permitted site + } or fails to
complete reclamation in a timely manner; or
(c) { - A permittee - } Fails to maintain an operating
permit and pay all fees required under ORS 517.800.
(3) { + If the department makes a claim on the bond or
security filed pursuant to ORS 517.810, + } the surety on the
bond or holder of the other security shall pay { + to the
department + } the amount of the bond or other security required
{ - for such completion to the department upon the department's
demand under subsection (2) of this section - } . The department
may reclaim the surface-mined land in a manner determined by the
department { + , + } including by public or private contractor.
If the amount { - specified in the demand - } is not paid
within 30 days { + , + } { - following such demand - } the
Attorney General, upon request of the department, shall institute
proceedings to recover the amount { - specified in the
demand - } .
(4) If the landowner has given security as provided in ORS
517.810 (3) and the { - permittee - } { + operator + } is in
default as specified in subsection (2) of this section, the
Enrolled Senate Bill 149 (SB 149-A) Page 11
landowner shall be held responsible for complying with the
reclamation plan of the
{ - permittee - } { + operator + }. The department shall
furnish written notice of the default to the landowner and
require the landowner to complete the reclamation as specified in
the { - permittee's - } { + operator's + } reclamation plan
acceptable to the department. If the landowner has not commenced
action to rectify the deficiencies within 30 days after receiving
notice, or if the landowner fails to diligently pursue
reclamation in conformance with the plan, the department may
demand payment of the amount of the bond or other security from
the surety or other holder and otherwise proceed as provided in
{ - subsection (2) - } { + subsections (2) and (3) + } of this
section { - , including requesting the Attorney General to
institute proceedings to recover the amount specified in the
demand - } .
(5) The department, in performing reclamation of surface-mined
land, shall pursue a goal for reclamation designed to { - be at
the level necessary to - } :
(a) Remove hazards;
(b) Protect from drainage problems and { + from + } pollution;
(c) Meet local land use requirements for reclamation; and
(d) Comply with all federal and state laws.
(6) The department may { - refuse to issue or renew an
operating permit to any person if the department determines that
the person has not substantially complied with an operating
permit, a reclamation plan, the provisions of this chapter or
rules adopted by the department pursuant to this chapter - }
{ + delay, for a reasonable time not to exceed one year, all or
part of any reclamation activities if the department determines
that it is likely that:
(a) Marketable mineral reserves exist at the permitted site;
and
(b) A new operator will seek an operating permit for the site
and assume all reclamation responsibilities + }.
SECTION 12. ORS 517.880 is amended to read:
517.880. (1) When the State Department of Geology and Mineral
Industries finds that an operator is conducting a surface mining
operation for which an operating permit is required by ORS
517.702 to 517.989 { + or by rules adopted by the
department + }, but has not been issued by the department
{ - under the provisions of ORS 517.702 to 517.989 or by the
rules adopted under ORS 517.702 to 517.989 - } , the department
may { + issue an + } order { + to + } the operator to suspend
{ - such - } { + the + } operation until an operating permit
has been issued by the department for { - such - }
{ + the + } surface mining operation or until { - such time
as - } the department is assured that { - such - }
{ + the + } operator will comply with the requirement to obtain
a permit.
(2) The department may { + issue an + } order { + to + } an
operator to suspend operations if the operator has not complied
with or is not complying with the operating permit, reclamation
plan, this chapter or rules of the department. { + 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. + }
(3) If the operator fails or refuses to comply with a
suspension order, the Attorney General { + , + } at the request
of the department { + , + } shall initiate any necessary legal
Enrolled Senate Bill 149 (SB 149-A) Page 12
proceeding to enjoin { - such - } { + the + } surface mining
operation and to provide for
{ - the - } completion of the reclamation of the lands
affected by
{ - such - } { + the + } operation { + , including the
restoration of buffers, setbacks or other areas not approved for
disturbance + }.
SECTION 13. ORS 517.990 is amended to read:
517.990. (1) { - Any landowner or operator - } { + A
person + } who conducts a surface mining operation { - , for
which a permit is required by ORS 517.750 to 517.901, - }
without a valid operating permit { - therefor - } { + 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
of any conditions of an operating permit is a Class A violation.
(3) Subject to ORS 153.022, violation of ORS 517.910 to
517.951, or any rules promulgated pursuant thereto, or of any
conditions of an operating permit for a nonaggregate surface
mining operation is punishable, upon conviction, by a fine of not
more than $10,000.
(4) Notwithstanding any other provision of the law, { - any
landowner or operator - } { + a person + } who conducts a
nonaggregate surface mining operation { - , - } without a valid
operating permit as required by ORS 517.910 to 517.951 shall be
punished, upon conviction, by a fine of not more than $10,000.
{ + (5) A person commits a violation subject to a fine of not
more than $10,000 if the person knowingly or recklessly causes
substantial harm to human health or the environment while:
(a) Conducting a surface mining operation without a valid
operating permit as required by ORS 517.750 to 517.901 or 517.905
to 517.951; or
(b) Violating an operating permit, a reclamation plan, a
provision of this chapter or any rule adopted by the State
Department of Geology and Mineral Industries to carry out the
provisions of this chapter.
(6) For purposes of this section, 'substantial harm to human
health or the environment' means:
(a) Physical injury, as defined in ORS 161.015, or risk of
serious physical injury, as defined in ORS 161.015, to humans; or
(b) Substantial damage to wildlife, plants, aquatic and marine
life, habitat or stream buffers. + }
SECTION 14. ORS 517.992 is amended to read:
517.992. (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 517.702 to 517.989 related to a chemical process mine, of
any rules adopted under those provisions related to a chemical
process mine, of any orders issued under those provisions related
to a chemical process mine or of any conditions of a permit
issued under those provisions related to a chemical process mine.
A penalty may be imposed under this section without regard to
whether the violation occurs on property covered by a permit
issued under ORS 517.702 to 517.989.
(2)(a) In addition to any other sanction authorized by law, and
subject to the limitations of paragraph (b) of this subsection,
the governing board of the State Department of Geology and
Mineral Industries may impose a civil penalty of not more than
Enrolled Senate Bill 149 (SB 149-A) Page 13
$10,000 per day for any violation of ORS 517.702 to { + 517.740,
517.750 to 517.901 and 517.905 to + } 517.951 not related to a
chemical process mine, of any rules adopted under those
provisions not related to a chemical process mine, of any orders
issued under those provisions not related to a chemical process
mine or of any conditions of a permit issued under those
provisions not related to a chemical process mine.
(b) A penalty may be imposed under this subsection only if a
landowner or operator fails to complete erosion stabilization as
required by ORS 517.775 or board rules adopted to implement that
section, if the operator has failed to comply with { - a
final - } { + an + } order issued under ORS 517.860 or 517.880,
if the operation is being conducted in violation of conditions
imposed on an operating permit or reclamation plan pursuant to
ORS 517.835 or if the operation is being conducted:
(A) Without a permit;
(B) Outside the permit boundary; or
(C) Outside a permit condition regarding boundaries, setbacks,
buffers or the placement of surface mining refuse.
{ - (3) A civil penalty imposed under this section shall
become due and payable 10 days after the order imposing the civil
penalty becomes final by operation of law or on appeal. A person
against whom a civil penalty is to be imposed shall be served
with a notice in the form provided in ORS 183.415. Service of the
notice shall be accomplished in the manner provided by ORS
183.415. - }
{ - (4) The person to whom the notice provided for in
subsection (3) of this section is addressed shall have 20 days
from the date of service of the notice in which to make written
application for a hearing. If no application for a hearing is
made, the agency may make a final order imposing the penalty. - }
{ - (5) Any person who makes application as provided for in
subsection (4) of this section shall be entitled to a hearing.
The hearing shall be conducted as a contested case hearing
pursuant to the applicable provisions of ORS 183.413 to
183.470. - }
{ - (6) Judicial review of an order made after a hearing
under subsection (5) of this section shall be as provided in ORS
183.480 to 183.497 for judicial review of contested cases. - }
{ - (7) When an order assessing a civil penalty under this
section becomes final by operation of law or on appeal, and the
amount of penalty is not paid within 10 days after the order
becomes final, the order may be recorded with the county clerk in
any county of this state. The clerk shall thereupon record the
name of the person incurring the penalty and the amount of the
penalty in the County Clerk Lien Record. - }
{ + (3) Civil penalties under this section shall be imposed
in the manner provided by ORS 183.745. + }
{ - (8) - } { + (4) + } Failure to pay a civil penalty that
has become final under this section shall be grounds for
revocation of any permit issued under ORS 517.702 to 517.989 to
the person against whom the penalty has been assessed.
{ - (9) - } { + (5) + } Any civil penalty received by the
State Treasurer under this section shall be deposited in the
General Fund to the credit of the Geology and Mineral Industries
Account and is continuously appropriated to the State Department
of Geology and Mineral Industries to the extent necessary for the
administration and enforcement of the laws, rules and orders
under which the penalty was assessed.
Enrolled Senate Bill 149 (SB 149-A) Page 14
{ - (10) - } { + (6) + } A reclamation fund shall be
established into which funds not used { - to administer - }
{ + as described in + } subsection { - (9) - } { + (5) + } of
this section shall be deposited. This money shall be used by the
State Department of Geology and Mineral Industries for the
purpose of the reclamation of abandoned mine and drill sites.
{ - (11) - } { + (7) + } When a single incident violates
statutes, rules, board orders or permit conditions administered
by more than one agency, the department shall coordinate with the
other agencies having civil penalty authority before imposing a
civil penalty.
{ - (12) - } { + (8) + } In implementing this section, the
department shall adopt rules that provide civil penalties that
are commensurate with the severity of violations { + . + }
{ - and allow for a written warning at least 48 hours prior to
imposing a penalty when there is no immediate threat to human
health, safety or the environment. The written warning may be
personally served on the person incurring the penalty or may be
sent by registered or certified mail. The warning shall
include: - }
{ - (a) A reference to the particular sections of the
statute, rule, order or permit involved; and - }
{ - (b) A short and plain statement of the matters asserted
or charged. - }
{ - (13) - } { + (9) + } A civil penalty may be imposed
against the board of directors and high managerial agents of a
corporation if those persons engage in, authorize, solicit,
request, command or knowingly tolerate the conduct for which the
penalty is to be imposed. As used in this subsection, 'agent' and
'high managerial agent' have { - those - } { + the + }
meanings given { + those terms + } in ORS 161.170.
SECTION 15. ORS 517.755 is amended to read:
517.755. Notwithstanding the yard and acre limitations of ORS
517.750 { - (14) - } { + (15) + }, as soon as any mining
operation begun after July 1, 1975, affects more than five acres
of land the provisions of ORS 517.702 to 517.989 apply to the
mining operation.
SECTION 16. 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 $1,260.
(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, each holder of an operating permit shall pay to
the department a base fee of $635, plus $0.0075 per ton of
aggregate or mineral ore extracted during the previous 12-month
period.
(3) If a reclamation plan is changed, the { - permittee - }
{ + operator + } may be assessed for staff time and other
Enrolled Senate Bill 149 (SB 149-A) Page 15
related costs an amount not to exceed $1,260 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) Notwithstanding the per ton fee established in subsection
(2) of this section, the governing board of the department may
lower to zero or raise the per ton fee up to $0.0085 if necessary
to provide financial certainty to the department or to reflect
actual expenses of the department in administering ORS 517.702 to
517.951. If the per ton fee established in subsection (2) of this
section is raised by the governing board, the additional amount
of money collected by the department shall be deposited in the
Mined Land Regulation and Reclamation Program Subaccount within
the Geology and Mineral Industries Account.
(8) The governing board of the State Department of Geology and
Mineral Industries:
(a) Shall adopt by rule a procedure for the administrative
review of the determinations of fees under this section.
(b) Shall adopt rules establishing the payment date for annual
fees required under this section.
(c) May adopt rules establishing a late fee of up to five
percent of the unpaid amount of an annual fee owed under this
section if the annual fee is more than 60 days past due.
SECTION 17. ORS 517.820 is amended to read:
517.820. (1) Upon good cause shown, the State Department of
Geology and Mineral Industries may grant reasonable extensions of
time for the completion by the landowner or operator and the
submission to the department of a proposed reclamation plan
required by ORS 517.790 { - (2) - } . Each reclamation plan
submitted to the department must provide that all reclamation
activities shall be completed within three years after the
termination of mineral extraction from the surface mining
operation conducted within each separate area for which an
operating permit is requested. Each such reclamation plan shall
be approved by the department if it adequately provides for the
reclamation of surface-mined lands.
(2) The department, prior to approving a proposed reclamation
plan, shall consult with all other interested state agencies and
appropriate local planning authorities.
SECTION 18. ORS 517.850 is amended to read:
Enrolled Senate Bill 149 (SB 149-A) Page 16
517.850. At such reasonable times as the State Department of
Geology and Mineral Industries may elect, the department, after
reasonable advance notice has been given to the
{ - permittee - } { + operator + }, may cause the { - permit
area - } { + permitted site + } to be inspected to determine if
the { - permittee - } { + operator + } has complied with the
operating permit, reclamation plan, this chapter and the rules of
the department.
SECTION 19. ORS 517.865 is amended to read:
517.865. (1) If { - a permittee - } { + an operator + }
fails to faithfully perform the reclamation required by the
reclamation plan and if the bond or security required by ORS
517.810 is not sufficient to compensate the State Department of
Geology and Mineral Industries for all reasonably necessary costs
and expenses incurred by it in reclaiming the surface-mined land,
the amount due shall be a lien in favor of the department upon
all property, whether real or personal, belonging to the
{ - permittee - } { + operator + }. However, for any
{ - permittee which - } { + operator that + } is first issued
a permit after June 30, 1989, the lien shall not exceed $2,500
for each site plus $1,500 per acre.
(2) The lien shall attach upon the filing of a notice of claim
of lien with the county clerk of the county in which the property
is located. The notice of lien claim shall contain a true
statement of the demand, the insufficiency of the bond or
security to compensate the department and the failure of the
{ - permittee - } { + operator + } to perform the reclamation
required.
(3) The lien created by this section is prior to all other
liens and encumbrances, except that the lien shall have equal
priority with tax liens.
(4) The lien created by this section may be foreclosed by a
suit in the circuit court in the manner provided by law for the
foreclosure of other liens on real or personal property.
SECTION 20. ORS 517.870 is amended to read:
517.870. Upon request of the { - permittee - } { +
operator + }, and when in the judgment of the State Department of
Geology and Mineral Industries the reclamation has been completed
in accordance with the reclamation plan, the { - permittee - }
{ + operator + } shall be notified that the work has been found
to be satisfactorily performed and is acceptable and the bond or
security of the { - permittee - } { + operator + } shall be
adjusted accordingly.
SECTION 21. ORS 517.910 is amended to read:
517.910. For the purposes of ORS 517.910 to 517.989:
(1) Notwithstanding ORS 517.750 { - (11) - } { + (12) + },
'reclamation ' means the employment in a surface mining operation
of procedures reasonably designed to minimize as much as
practicable the disruption from the surface mining operation or
surface mining processing operation, including cyanide leaching
or any other chemical leaching processing at a processing site
removed from the mining site and to provide for the
rehabilitation of any such surface resources through the use of
plant cover, soil stability techniques, and through the use of
measures to protect the surface and subsurface water resources,
including but not limited to domestic water use and agricultural
water use, and other measures appropriate to the subsequent
beneficial use of any land or water resource affected by a
surface mining or processing operation.
Enrolled Senate Bill 149 (SB 149-A) Page 17
(2) 'Nonaggregate minerals' means coal and metal-bearing ores,
including but not limited to ores that contain nickel, cobalt,
lead, zinc, gold, molybdenum, uranium, silver, aluminum, chrome,
copper or mercury.
SECTION 22. ORS 517.930 is amended to read:
517.930. (1) Notwithstanding ORS 517.850, if the State
Department of Geology and Mineral Industries has reason to
believe that the provisions of an operating permit are being
violated or that a surface mining operation is being conducted
without a valid operating permit, it may inspect such surface
mining areas without prior notice.
(2) In addition to the department's authority to inspect under
ORS 517.850 and subsection (1) of this section, for a chemical
process mine operating under a permit issued under ORS 517.952 to
517.989, a cooperating agency also may inspect the mining
operation to assure that the { - permittee - }
{ + operator + } is complying with conditions imposed on the
operating permit by the cooperating agency under ORS 517.982 (2).
SECTION 23. ORS 517.940 is amended to read:
517.940. Notwithstanding ORS 517.860, for the purposes of ORS
517.910 to 517.989 the expenditure by the State Department of
Geology and Mineral Industries for reclamation not completed by
the { - permittee - } { + operator + } shall not exceed
$10,000 per acre.
SECTION 24. ORS 517.950 is amended to read:
517.950. (1) Notwithstanding ORS 517.810, for the purposes of
ORS 517.905 to 517.951 the bond or security deposit required
shall not exceed $10,000 per acre of land to be surface mined
under the terms of the operating permit.
(2) The State Department of Geology and Mineral Industries may
increase the amount of the bond or security required under
subsection (1) of this section to an amount not to exceed the
lower of actual cost of reclamation or $100,000 per acre of land
to be mined under the terms of the operating permit if the
operating permit applies to extraction, processing or
beneficiation techniques the result of which:
(a) Will increase the concentration of naturally occurring
hazardous or toxic metals and minerals identified by the
governing board of the State Department of Geology and Mineral
Industries under ORS 517.840 to a significantly higher level than
that occurring naturally within the { - permit area - } { +
permitted site + }; and
(b) Is reasonably likely to present a threat to public health,
safety or the environment.
(3) The increased bond or security deposit under subsection (2)
of this section may be required only when the department
determines that a threat to surface or subsurface waters is
reasonably likely to exist as a result of the permitted activity.
SECTION 25. ORS 517.956 is amended to read:
517.956. Any chemical process mining operation in Oregon shall
comply with the following standards:
(1) Chemical process mining, including extraction, processing
and reclamation, shall be undertaken in a manner that minimizes
environmental damage through the use of the best available,
practicable and necessary technology to ensure compliance with
environmental standards.
(2) Protection measures for fish and wildlife shall be
consistent with policies of the State Department of Fish and
Wildlife, including:
Enrolled Senate Bill 149 (SB 149-A) Page 18
(a) Protective measures to maintain an objective of zero
wildlife mortality. All chemical processing solutions and
associated waste water shall be covered or contained to preclude
access by wildlife or maintained in a condition that is not
harmful to wildlife.
(b) On-site and off-site mitigation ensuring that there is no
overall net loss of habitat value.
(c) No loss of existing critical habitat of any state or
federally listed threatened or endangered species.
(d) Fish and wildlife mortality shall be reported in accordance
with a monitoring and reporting plan approved by the State
Department of Fish and Wildlife.
(e) The State Department of Fish and Wildlife shall establish
by rule standards for review of a proposed chemical process
mining operation for the purpose of developing conditions for
fish and wildlife habitat protection that satisfy the terms of
this section for inclusion in a consolidated permit by the State
Department of Geology and Mineral Industries.
(3) Surface reclamation of a chemical process mine site shall:
(a) Ensure protection of human health and safety, as well as
that of livestock, fish and wildlife;
(b) Ensure environmental protection;
(c) Require certification to the { - permittee - } { +
operator + }, by the State Department of Fish and Wildlife and
the State Department of Agriculture, that a self-sustaining
ecosystem, comparable to undamaged ecosystems in the area, has
been established in satisfaction of the { - permittee's - }
{ + operator's + } habitat restoration obligations; and
(d) Include backfilling or partial backfilling as determined on
a case-by-case basis by the State Department of Geology and
Mineral Industries when necessary to achieve reclamation
objectives that cannot be achieved through other mitigation
activities.
SECTION 26. ORS 517.984 is amended to read:
517.984. (1) The { - permittee - } { + 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 permit
modification that the permitting agency or a cooperating agency
finds is a significant permit modification under the provisions
of ORS 517.952 to 517.989, the agency shall notify the State
Department of Geology and Mineral Industries. The department
shall coordinate the organization of a project coordinating
committee. The project coordinating committee shall review the
proposed modification and determine those portions of ORS 517.952
to 517.989 with which the applicant must comply. The decision of
the project review committee shall be:
(a) Limited to those portions of the chemical process mine
operation to be modified; and
(b) Consistent with public participation as set forth in ORS
517.952 to 517.989.
SECTION 27. ORS 517.987 is amended to read:
517.987. (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
Enrolled Senate Bill 149 (SB 149-A) Page 19
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.
(2) The reclamation bond or alternative security acceptable to
the department shall be posted before the start of mining
operations. The bond shall be issued by a bonding company
licensed to operate in Oregon. A mining operation may not satisfy
the requirements for a bond through self-insurance.
(3) The department shall assess annually the overall cost of
reclamation. If changes in the operation or modifications to a
permit cause the cost of reclamation to exceed the amount of the
reclamation bond currently held by the state, the
{ - permittee - } { + operator + } shall post an additional
bond for the difference. All reclamation calculations shall be
approved by the department. Incremental surety increases shall
be provided for, with the level of surety being consistent with
the degree and forms of surface disturbance anticipated within a
time period specified by the department. When the actual surface
area to be disturbed approaches the level expected by the
department, the { - permittee - } { + operator + } shall
notify the department sufficiently in advance of reaching the
acreage limit specified to allow for a review of surety
requirements and posting of additional surety by the
{ - permittee - } { + operator + } prior to exceeding the
acreage limit set by the department.
(4) If reclamation costs will exceed the posted bond and the
operator does not increase the bond amount, the department and
other permitting agencies shall suspend all permits until the
{ - permittee - } { + operator + } posts the additional bond
security.
(5) The department may seek a lien against the assets of the
{ - permittee - } { + operator + } to cover the cost of
reclamation if the bond posted is insufficient. The amount of the
lien shall be the amount of the costs incurred by the department
to complete reclamation. All current operating permits of the
{ - permittee - } { + operator + } shall be suspended and the
department shall deny immediately all pending applications of the
{ - permittee - } { + operator + } to conduct mining
operations.
(6)(a) The { - permittee - } { + operator + } shall submit
to the department a written request for the release of its
reclamation bond. If the { - permittee - } { + operator + }
has conducted concurrent reclamation, the { - permittee - }
{ + operator + } shall submit an application for bond reduction
which estimates the percentage of reclamation done to date and
the corresponding percentage of reclamation funds that the
{ - permittee - } { + operator + } believes should be
returned. A bond release or reduction request shall state in
unambiguous terms all measures taken to reclaim the site and any
problem or potential problems that may inhibit reclamation in
accordance with permit requirements.
(b) The department shall distribute the request to each
permitting or cooperating agency, to members of the public who
participated in the consolidated application under ORS 517.952 to
517.989, and to any person who requests notification. In
addition, the department shall publish a notice as provided in
ORS 517.959 announcing receipt of a request for bond release or
bond reduction.
Enrolled Senate Bill 149 (SB 149-A) Page 20
(c) No sooner than 60 days after distributing the request and
providing notice of the receipt of the request, the department
shall conduct an informal public hearing to determine whether to
allow the bond release or bond reduction.
(7) The department may require security or an annuity for
post-reclamation monitoring and care to be paid before the final
bond release. The security or annuity shall be sufficient to
cover long-term site care and monitoring needs. The department
shall determine the amount of the proposed security or annuity
and distribute a proposal to all permitting and cooperating
agencies.
SECTION 28. { + ORS 517.785 is repealed. + }
----------
Passed by Senate April 23, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 22, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 149 (SB 149-A) Page 21
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 149 (SB 149-A) Page 22