2017 ORS 517.862¹
Revocation, termination or refusal to renew operating permit

(1) Except as provided in subsection (2) of this section, the State Department of Geology and Mineral Industries may not revoke, terminate or refuse to renew an operating permit if marketable reserves exist at the permitted site and if there is a significant potential for continued mining opportunities given reasonably foreseeable economic conditions.

(2) The department may revoke, terminate or refuse to renew an operating permit if the operator:

(a) Requests termination, provided that all reclamation requirements in the operating permit and reclamation plan have been satisfied;

(b) Fails to pay a fee as required by ORS 517.800 (Fees) within 60 days of the due date;

(c) Fails to provide or maintain a bond or security as required by ORS 517.810 (Requirement for bond or security);

(d) Fails to comply with an order issued under ORS 517.860 (Effect of failure to comply with operating permit or reclamation plan); or

(e) Fails to comply with a suspension order issued under ORS 517.880 (Order for suspension of surface mining operation operating without required permit).

(3) If an operating permit is revoked, terminated or not renewed, the operator may not perform any actions at the permitted site, except that the operator may, after receiving written approval from the department:

(a) Perform actions at the permitted site that are necessary to comply with reclamation requirements in the operating permit or reclamation plan, including but not limited to removal of mining-related stockpiles;

(b) Excavate materials at the permitted site that are necessary for reclamation; and

(c) Remove any excavated materials from buffers, setbacks or other areas not approved for disturbance and restore the areas to the approximate pre-mining contours with materials approved by the department.

(4) The department, in lieu of or in addition to revoking, terminating or refusing to renew an operating permit for the reasons specified in subsection (2) of this section, may recover against the bond or security filed pursuant to ORS 517.810 (Requirement for bond or security) and reclaim the area affected by surface mining. [2007 c.318 §2]

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.