2007 ORS 522.135¹
Permit
  • time limit for action
  • grounds for issuance
  • conditions
  • fees
  • construction of permit

(1) Within 45 days after receipt of the application, the State Geologist shall by order issue, deny, suspend, modify, revoke or not renew a permit pursuant to this chapter and ORS chapter 183 except that appeal of any order issued pursuant to this section shall be made to the governing board of the State Department of Geology and Mineral Industries before any appeal under ORS 183.480 (Judicial review of agency orders) is allowed.

(2) The State Geologist may issue the permit if, after receipt of comments from the agencies referred to in ORS 522.125 (Circulation of application to state agencies), the State Geologist determines that issuance thereof would be consistent with the purposes set forth in ORS 468A.010 (Policy), 468B.015 (Policy) and 537.525 (Policy), rules adopted pursuant to ORS 468B.030 (Effluent limitations), and the purposes of this chapter.

(3) If the State Geologist issues a permit pursuant to this section, the State Geologist shall impose such conditions as the State Geologist considers necessary to carry out the purposes set forth in ORS 468A.010 (Policy), 468B.015 (Policy) and 537.525 (Policy), rules adopted pursuant to ORS 468B.030 (Effluent limitations), and the purposes of this chapter. The State Geologist shall include in the permit a statement that issuance thereof does not relieve any person from any obligation to obtain a permit under ORS 468B.030 (Effluent limitations) or 468B.035 (Implementation of Federal Water Pollution Control Act).

(4) The State Geologist shall incorporate into the permit requirements:

(a) Any conditions made by the Water Resources Director necessary to comply with the purposes set forth in ORS 537.525 (Policy); and

(b) Any conditions made by the Department of Environmental Quality necessary to comply with the purposes set forth in ORS 468A.010 (Policy) and 468B.015 (Policy).

(5) A drilling, redrilling or deepening operation must begin within one year after the date of permit issuance or the permit shall expire. However, the State Geologist may extend the unused permit for a reasonable period not to exceed one year beyond the initial one-year period upon receipt of a written request from the permittee before the expiration date of the permit. The request shall be accompanied by a nonrefundable fee set by the board not to exceed $250.

(6) Nothing in chapter 552, Oregon Laws 1975, shall be construed to excuse an operator of a geothermal well from complying with the provisions of the Federal Water Pollution Control Act amendments of 1972 (Public Law 92-500) or ORS 468B.035 (Implementation of Federal Water Pollution Control Act) or to dilute the authority of the Department of Environmental Quality to issue National Pollution Discharge Elimination Systems Permits.

(7) All fees collected by the department under this section shall be deposited with the State Treasurer and are continuously appropriated to the department for the administration of chapter 552, Oregon Laws 1975. [1975 c.552 §7; 1981 c.694 §6; 1991 c.526 §4]

Note: See note under 522.115 (Permit).

Chapter 522

Atty. Gen. Opinions

Power of Depart­ment of Environ­mental Quality to regulate recovery of geothermal resources, (1972) Vol 35, p 1100; require­ments for exploring for or produc­tion of geothermal or oil or gas resources, (1974) Vol 37, p 68

1 Legislative Counsel Committee, CHAPTER 522—Geothermal Resources, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­522.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 522, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­522ano.­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.