ORS 517.800
Fees

  • rules
  • annual report

(1)

Intentionally left blank —Ed.

(a)

Except for an application for a mining operation submitted under ORS 517.910 (Definitions for ORS 517.910 to 517.989) to 517.989 (Rules applicable to consolidated application), each applicant for an operating permit under ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) shall pay to the State Department of Geology and Mineral Industries a fee established by the State Geologist in an amount not to exceed $2,000.

(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 the State Geologist deems 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 holder of an operating permit that did not extract minerals during the preceding 12-month period shall pay to the department an annual renewal fee of $1,200. A holder of an operating permit that extracted minerals during the preceding 12-month period shall pay to the department an annual renewal fee of $1,460 and $0.0125 per ton of minerals extracted during the preceding 12-month period.

(3)

If a reclamation plan is changed, the operator may be assessed for staff time and other related costs an amount not to exceed $2,000 in addition to the annual renewal fee. This subsection does not apply to a mining operation that is subject to the fee established by ORS 517.973 (Fees) (2)(a).

(4)

If an operator requests that the department respond to requests for information required by a local government in making a land use planning decision, 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 assessment may not exceed the estimate.

(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 $2,000 for an inspection conducted under the following circumstances:

(a)

Investigation of surface mining operations conducted without the operating permit required under ORS 517.790 (Operating permit required for surface mining on certain lands); or

(b)

Investigation of surface mining operations conducted outside the area authorized in an operating permit.

(6)

Upon request of an applicant 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 $0.015 to reflect actual expenses of the department in administering ORS 517.702 (Legislative findings) to 517.951 (Legislative intent not to assume exclusive jurisdiction).

(8)

All fees collected by the department under this section shall be deposited in the Mined Land Regulation and Reclamation Program Subaccount within the Geology and Mineral Industries Account. The department shall prepare and submit to the governing board of the department an annual report on the financial status of the Mined Land Regulation and Reclamation Program Subaccount.

(9)

The governing board of the department shall adopt rules establishing:

(a)

Procedures for the administrative review of the determinations of fees under this section.

(b)

The payment date for fees required under this section.

(c)

Late fees of up to five percent of the unpaid amount of a fee owed under this section if the fee is more than 60 days past due. [1971 c.719 §7; 1973 c.709 §3; 1977 c.524 §2; 1979 c.435 §2; 1981 c.274 §1; 1983 c.88 §1; 1985 c.292 §8; 1987 c.598 §1; 1989 c.346 §1; 1991 c.735 §28; 1993 c.399 §1; 1995 c.79 §297; 1997 c.62 §1; 1999 c.353 §4; 2003 c.520 §1; 2005 c.650 §§1,1a; 2007 c.318 §16; 2013 c.371 §29; 2015 c.834 §3; 2020 s.s.2 c.4 §4]

Source: Section 517.800 — Fees; rules; annual report, https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html.

517.005
Legislative findings
517.010
Location of mining claims upon veins or lodes
517.030
Recording copy of location notice
517.040
Abandoned claims
517.042
“Legal subdivision” defined for ORS 517.042 to 517.052
517.044
Location of claims upon placer deposits
517.046
Marking boundaries of claim or locating by legal subdivisions
517.052
Recording copy of location notice
517.060
Correcting defective notice of location
517.065
Effect of noncompliance with law in locating claim
517.070
Certain locations subject to prior rights
517.080
Mining claims as realty
517.090
Application to claims of law governing transfers and mortgages of realty
517.100
Sums payable on redemption of claim
517.110
Grubstaking contracts
517.120
Definitions for ORS 517.120 to 517.133
517.123
Legislative findings
517.125
Rules to be adopted in consultation with affected parties
517.128
Restricting access to open mining area or mining claim prohibited
517.130
Mineral trespass
517.133
Interfering with a mining operation
517.135
Exemption from crimes of mineral trespass and interfering with a mining operation
517.140
Legislative findings
517.160
Location of nonmineral land as millsite
517.170
Policy
517.180
Procedure for extinguishing dormant mineral interest
517.210
Recording affidavit of annual compliance
517.220
Affidavit or lack thereof as evidence
517.230
Performance of assessment work by co-owners
517.240
Failure of co-owner to contribute
517.250
Form of notice
517.260
Notice
517.270
Vesting of interest of delinquent co-owner
517.280
Certificate of ownership
517.290
Fee for certificate
517.300
Effect of certificate
517.310
Recording and indexing certificate
517.320
Counteraffidavits of delinquent owner
517.330
Accounting for fees
517.430
Use of timber by lessee
517.440
Lessee, licensee, or operator of mine deemed bailee of yield until payment of lessor and workers
517.702
Legislative findings
517.705
Exploration permit
517.710
Fees
517.715
Exemptions from permit requirement
517.720
Persons with operating permit exempted
517.725
Department inspection of exploration site
517.730
Drill hole or well abandonment
517.735
Exploration on land administered by Department of State Lands
517.740
Rules
517.750
Definitions for ORS 517.702 to 517.989
517.753
Exclusion certificate required for certain small-scale surface mining operations
517.755
Mining operations affecting more than five acres
517.760
Policy
517.770
Exemptions from reclamation requirements
517.775
Permit fee for certain landowners and operators
517.780
Effect on county zoning laws or ordinances
517.790
Operating permit required for surface mining on certain lands
517.795
Department to consult with and cooperate with other agencies
517.797
Memorandum of agreement with Department of State Lands regarding permitting
517.800
Fees
517.810
Requirement for bond or security
517.813
Reclamation Guarantee Fund
517.815
Reclamation bond pooling program
517.820
Extensions of time for submission of proposed reclamation plans
517.825
Mining aggregate on high-value farmland
517.830
Operating permit approval process
517.831
Modification of operating permit or reclamation plan
517.832
Emergency operating permit
517.833
Transfer of operating permit
517.834
Temporary operating permit
517.835
Conditions on operating permit or reclamation plan to prevent impact on ground water
517.836
Surveying or marking surface mining operations
517.837
Annual report by permittee
517.840
Administration and enforcement of ORS 517.702 to 517.989
517.850
Inspection of permit area
517.855
Disruption of portion of mining property preserved from mining
517.860
Effect of failure to comply with operating permit or reclamation plan
517.862
Revocation, termination or refusal to renew operating permit
517.865
Effect of failure to perform reclamation and insufficient bond
517.870
Adjustment of bond or security of operator upon satisfactory completion of reclamation work
517.880
Order for suspension of surface mining operation operating without required permit
517.890
Review of final determination
517.901
Confidentiality of production records, mineral assessments and trade secrets
517.905
Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951
517.910
Definitions for ORS 517.910 to 517.989
517.915
Additional operating permit requirements for nonaggregate mineral mines
517.917
Activation of project coordinating committee
517.920
Permit application fees under ORS 517.910 to 517.989
517.925
Time limit for action on permit application
517.930
Department inspection
517.951
Legislative intent not to assume exclusive jurisdiction
517.952
Definitions for ORS 517.952 to 517.989
517.953
Policy
517.954
Application of ORS 517.952 to 517.989
517.956
Requirements for mining operations
517.957
Department coordination of activities of affected agencies
517.958
Compliance with preapplication process
517.959
Public notice requirements for ORS 517.952 to 517.989
517.961
Notice of intent to submit application
517.963
Department duties upon receipt of notice of intent
517.965
Project coordinating committee
517.967
Technical review team
517.969
Collection of baseline data
517.971
Consolidated application
517.973
Fees
517.975
Distribution of completed consolidated application
517.977
Preparation of draft permits
517.978
Review of application
517.979
Environmental evaluation
517.980
Socioeconomic impact analysis
517.981
Draft permit and permit conditions
517.982
Final permits
517.983
Consolidated contested case hearing
517.984
Modification of permit
517.985
Rulemaking
517.986
Time limit for final action on permit subject to consolidated application process
517.987
Reclamation bond or security
517.988
Permit conditions by State Department of Fish and Wildlife
517.989
Rules applicable to consolidated application
517.990
Criminal penalties
517.992
Civil penalties
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