Order for suspension of surface mining operation operating without required permit
- • enjoining operation upon failure of operator to comply
- • completion of reclamation by department
(1) When the State Department of Geology and Mineral Industries finds that an operator is conducting a surface mining operation for which an operating permit is required by ORS 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) or by rules adopted by the department, but has not been issued by the department, the department may issue an order to the operator to suspend the operation until an operating permit has been issued by the department for the surface mining operation or until the department is assured that the operator will comply with the requirement to obtain a permit.
(2) The department may issue an order to an operator to suspend operations if the operator has not complied with or is not complying with the operating permit, reclamation plan, this chapter or rules of the department. Failure to comply includes, but is not limited to, disturbing land within the permit boundary that has not been approved by the department for excavation, placement of debris or removal of vegetation.
(3) If the operator fails or refuses to comply with a suspension order, the Attorney General, at the request of the department, shall initiate any necessary legal proceeding to enjoin the surface mining operation and to provide for completion of the reclamation of the lands affected by the operation, including the restoration of buffers, setbacks or other areas not approved for disturbance. [1971 c.719 §12; 1985 c.292 §12; 1997 c.183 §3; 2007 c.318 §12]
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