2017 ORS 517.834¹
Temporary 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 a temporary operating permit to a person if:

(a) After consultation, the local jurisdiction with land use authority over the permitted site does not raise substantive objections to the issuance of the permit;

(b) All cooperating agencies approve of the permit issuance; and

(c) There is no objection from persons owning property adjacent to the permitted site.

(2) A temporary operating permit issued under this section is subject to reasonable limitations that may be prescribed by the department.

(3) Within 30 days after issuing the temporary operating permit, the operator shall:

(a) Comply with the bond and security requirements established by ORS 517.810 (Requirement for bond or security);

(b) Pay any applicable fee pursuant to ORS 517.800 (Fees); and

(c) Submit a reclamation plan to the department.

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

(a) Ensuring opportunities for notice and comment by federal agencies;

(b) Specifying the terms of a temporary operating permit; and

(c) Establishing procedures for converting a temporary operating permit to a standard operating permit. [2005 c.34 §4; 2017 c.736 §14]

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.