75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3203
B-Engrossed
Senate Bill 599
Ordered by the House May 15
Including Senate Amendments dated March 30 and House Amendments
dated May 15
Sponsored by Senator MORSE
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.
Modifies definition of 'surface mining. '
A BILL FOR AN ACT
Relating to surface mining; creating new provisions; and amending
ORS 517.750.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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.
(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.
(12) 'Reclamation' means the employment in a surface mining
operation or exploration of procedures reasonably designed to:
(a) Minimize, as much as practicable, the adverse effects of
the surface mining operation or exploration on land, air and
water resources; and
(b) Provide for the rehabilitation of surface resources
adversely affected by the surface mining operations or
exploration through the rehabilitation of plant cover, soil
stability and water resources and through other measures that
contribute to the subsequent beneficial use of the explored,
mined or reclaimed lands.
(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.
(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.
(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 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) Excavation or grading operations { + , + } reasonably
necessary for farming;
(C) Nonsurface effects of underground mining; { - or - }
(D) 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 196.900
{ - . - } { + ; or
(E) Excavations or reprocessing of aggregate material, or
grading operations, within the highway right of way reasonably
necessary for the construction, reconstruction or maintenance of
a highway as defined in ORS 801.305. + }
(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 the operating permit area.
(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 2. { + The amendments to ORS 517.750 by section 1 of
this 2009 Act apply to all operating permits for surface mining
whether issued before, on or after the effective date of this
2009 Act. + }
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