Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Information Requirements. The Department may require any information needed to
determine the status of any surface mining. Information subject to ORS
517.901 will be held
confidential. Information concerning the location and the identity of mine
owners and operators are matters of public record, as are actions taken by the
Department with regard to any mining operation or permit application.
(2) Inspections. As provided by
ORS 517.850 the Department may,
after reasonable notice, inspect any surface mining site to determine status or
compliance. The Department will report the results of these inspections to the
permittee in writing.
(a) Initial inspections
may be conducted by the Department. Reasons for the inspections include but are
not limited to:
(A) Determining existing
environmental conditions;
(B)
Reviewing the proposed mine operation;
(C) Reviewing the proposed reclamation plan;
(D) Collecting data to calculate a
bond;
(E) Monitoring the
construction of facilities.
(b) Annual and non-scheduled inspections may
be conducted by the Department. Reasons for the inspection include but are not
limited to:
(A) Reviewing operating permit
compliance;
(B) Investigating
public complaints;
(C) Evaluating
the site bond level.
(3) Surface Mining on Federal Lands. Surface
mining conducted on federal lands is subject to these rules. The Department
shall coordinate with agencies of the federal government to minimize conflict
or duplication in operating, reclamation and security requirements. The Board
may enter into formal agreements with federal agencies to establish the means
by which these rules are carried out.
(4) Fees. Application fees for an operating
permit issued under this rule division are established by the Department as
authorized by ORS 517.920. Other fees, including
annual fees, are established by ORS
517.800.
(a) The application fee must accompany the
application for an operating permit.
(b) Each permittee or certificate holder
shall pay the required annual fee and any other accrued fees on or before the
last day of the month shown on the permit as the anniversary month. Each
permittee or certificate holder shall submit an annual report to the Department
on a form approved by the Department by the last day of the anniversary month.
As a courtesy, the Department may notify the permittee with a notice of these
requirements at least 45 days prior to the due date. Failure of the permittee
to pay the fee may result in the issuance of a suspension or closure order by
the Department.
(c) Application
fees are not refundable.
(d) Fees
may be prorated at the applicant's request in order to adjust the anniversary
date. The prorated fee will be on the basis of one twelfth (1/12) of the annual
fee per month.
(5)
Closure Orders and Invalidation.
(a) The
Department may issue a closure or suspension order when it finds that an
operator is conducting surface mining:
(A)
For which a permit is required but has not been obtained;
(B) Where a site has expanded outside the
approved permit area without approval by the Department;
(C) That is in violation of ORS
517.750 to
517.951 and the rules adopted
thereunder, the reclamation plan, or permit conditions; or
(D) Without having submitted the annual fee.
(b) An operating permit
may be terminated if the fees and annual report form have not been received by
the Department in a timely manner, or at any time if any bond or alternate
security has expired, or has been cancelled without replacement, but
reclamation obligations continue until the site is reclaimed and reclamation is
approved by the Department;
(c) A
limited exemption certificate becomes invalid upon the expiration date if
renewal has not been made.
(6) Reclamation by the Department:
(a) If the permittee fails to comply with
reclamation obligations established by reclamation plan or departmental order,
the Department may perform the reclamation outlined in the reclamation plan to
the extent possible. The Department may perform alternative reclamation
depending on site conditions and any need to reclaim to the secondary
beneficial use designated in the reclamation plan.
(b) The Department may reclaim the site to:
(A) Eliminate or minimize hazards to the
health and safety of the public;
(B) Eliminate or minimize any pollution or
erosion;
(C) Rectify abuses of
natural resources, including fish and wildlife habitat and restoring drainage;
(D) Reach a condition compatible
with local comprehensive plan and with federal and state laws.
(7) Applicability of
Laws and Rules. Permittees, at all times during the terms of the permit, are
subject to the provisions of statutes and rules in effect at that time.
Stat. Auth.: ORS 517
Stats. Implemented: ORS
517.775,
517.800,
517.850 &
517.920
