ORS 517.973¹
Fees
  • payment of expenses of department and permitting and cooperating agencies

(1) In addition to any permit fee required by any other permitting agency, each consolidated application under ORS 517.971 (Consolidated application) shall be accompanied by an initial fee established by the State Geologist in an amount not to exceed $606.

(2)(a) Annually on the anniversary date of the issuance of each such operating permit, each holder of an operating permit shall pay to the State Department of Geology and Mineral Industries a fee established by the State Geologist in an amount not less than $456.

(b) In addition to the fee prescribed in paragraph (a) of this subsection, the department may charge an additional amount not to exceed $200 for inspections made at sites:

(A) Where surface mining was conducted without the permit required by ORS 517.790 (Operating permit required for surface mining on certain lands);

(B) Where surface mining has been abandoned; or

(C) Where surface mining was conducted in an area not described in the surface mining permit.

(3) Subject to the provisions of subsection (5) of this section, the applicant shall pay all expenses incurred by the department and the permitting and cooperating agencies related to the consolidated application process under ORS 517.952 (Definitions for ORS 517.702 to 517.989) to 517.989 (Statutes and rules applicable to consolidated application). These expenses may include legal expenses, expenses incurred in processing and evaluating the consolidated application, issuing a permit or final order and expenses of hiring a third party contractor under ORS 517.979 (Environmental evaluation) and 517.980 (Socioeconomic impact analysis).

(4) Every applicant submitting a consolidated application under ORS 517.952 (Definitions for ORS 517.702 to 517.989) to 517.989 (Statutes and rules applicable to consolidated application) shall submit the fee required under subsection (1) of this section to the department at the same time as the consolidated application is filed under ORS 517.971 (Consolidated application). To the extent possible, the full cost of the process set forth in ORS 517.952 (Definitions for ORS 517.702 to 517.989) to 517.989 (Statutes and rules applicable to consolidated application) shall be paid from the application fee paid under this section. However, if such costs exceed the fee, the applicant shall pay any excess costs shown in an itemized statement prepared by the department. In no event shall the department and permitting and cooperating agencies incur evaluation expenses in excess of 110 percent of the fee initially paid unless the department provides prior notification to the applicant and a detailed projected budget the department believes necessary to complete the process or a portion of the process under ORS 517.952 (Definitions for ORS 517.702 to 517.989) to 517.989 (Statutes and rules applicable to consolidated application). If the costs are less than the fee paid, the excess shall be refunded to the applicant.

(5) All expenses incurred by the department and the permitting and cooperating agencies under ORS 517.952 (Definitions for ORS 517.702 to 517.989) to 517.989 (Statutes and rules applicable to consolidated application) that are charged to or allocated to the fee paid by an applicant shall be necessary, just and reasonable. Upon request, the department shall provide a detailed justification for all charges to the applicant. [1991 c.735 §13a]

Chapter 517

Atty. Gen. Opinions

Power of Depart­ment of Environ­mental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100

Law Review Cita­tions

4 EL 370 (1974)

1 Legislative Counsel Committee, CHAPTER 517—Mining and Mining Claims, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors517.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 517, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­517ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information