2017 ORS 517.833¹
Transfer of operating permit
  • rules

(1) A person who by sale, assignment, lease or other means has succeeded in interest to an uncompleted surface mining operation may request that the State Department of Geology and Mineral Industries release the existing operator from any reclamation obligations and transfer the operating permit to the successor. The department shall transfer the operating permit, unless:

(a) The successor does not agree to full assumption of the reclamation requirements in the operating permit and reclamation plan;

(b) The successor fails to provide a bond or security as required by ORS 517.810 (Requirement for bond or security);

(c) More than one person has a claim to the property or operating permit and there is a dispute between the claimants that presents a justiciable controversy; or

(d) The successor, as the operator of another permitted site in this state, has failed to substantially comply with the conditions of an operating permit or reclamation plan, the provisions of ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) or the rules adopted by the department to carry out the purposes of ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application).

(2) The governing board of the State Department of Geology and Mineral Industries may adopt rules relating to the responsibilities and duties of a person requesting a transfer of an operating permit under this section. [2007 c.318 §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.