2017 ORS 517.832¹
Emergency operating permit
  • rules

(1) Notwithstanding ORS 517.810 (Requirement for bond or security) and 517.830 (Operating permit approval process), the State Department of Geology and Mineral Industries may issue an emergency operating permit if:

(a) A natural disaster, including but not limited to a flood or an earthquake, or the effects of a natural disaster threaten significant damage to property or to natural resources; and

(b) A surface mining operation is necessary to abate the threat.

(2) The governing board of the department shall adopt rules governing the issuance of emergency operating permits. The rules shall include provisions:

(a) Ensuring that emergency operating permits are not issued over the objection of affected federal agencies or public bodies, as defined in ORS 174.109 (“Public body” defined);

(b) Specifying the terms of an emergency operating permit;

(c) Establishing procedures for converting an emergency operating permit to a standard operating permit; and

(d) Establishing procedures for payment of fees under ORS 517.800 (Fees). [2005 c.34 §3]

Notes of Decisions

Depart­ment of Geology and Mineral Industries is not vested with exclusive jurisdic­tion over environ­mental regula­tion of mining lands, for such regula­tion is centralized in Division of State Lands pursuant to [former] ORS 541.610. State ex rel Cox v. Hibbard, 31 Or App 269, 570 P2d 1190 (1977)

Atty. Gen. Opinions

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

Law Review Cita­tions

29 WLR 297 (1993)

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/­ors/­ors517.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 517, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano517.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.