2017 ORS 517.990¹
Criminal penalties

(1) A person who conducts a surface mining operation without a valid operating permit as required by ORS 517.750 (Definitions for ORS 517.702 to 517.989) to 517.901 (Confidentiality of production records, mineral assessments and trade secrets) commits a Class A violation.

(2) Subject to ORS 153.022 (Authority of agency to specify rule violation as particular level of violation), violation of any provision of ORS 517.750 (Definitions for ORS 517.702 to 517.989) to 517.901 (Confidentiality of production records, mineral assessments and trade secrets), or any rules promulgated pursuant thereto, or of any conditions of an operating permit is a Class A violation.

(3) Subject to ORS 153.022 (Authority of agency to specify rule violation as particular level of violation), violation of ORS 517.910 (Definitions for ORS 517.910 to 517.989) to 517.989 (Rules applicable to consolidated application), or any rules promulgated pursuant thereto, or of any conditions of an operating permit for a nonaggregate surface mining operation is punishable, upon conviction, by a fine of not more than $10,000.

(4) Notwithstanding any other provision of the law, a person who conducts a nonaggregate surface mining operation without a valid operating permit as required by ORS 517.910 (Definitions for ORS 517.910 to 517.989) to 517.989 (Rules applicable to consolidated application) shall be punished, upon conviction, by a fine of not more than $10,000.

(5) A person commits a violation subject to a fine of not more than $10,000 if the person knowingly or recklessly causes substantial harm to human health or the environment while:

(a) Conducting a surface mining operation without a valid operating permit as required by ORS 517.750 (Definitions for ORS 517.702 to 517.989) to 517.901 (Confidentiality of production records, mineral assessments and trade secrets); or

(b) Violating an operating permit, a reclamation plan, a provision of this chapter or any rule adopted by the State Department of Geology and Mineral Industries to carry out the provisions of this chapter.

(6) For purposes of this section, “substantial harm to human health or the environment” means:

(a) Physical injury, as defined in ORS 161.015 (General definitions), or risk of serious physical injury, as defined in ORS 161.015 (General definitions), to humans; or

(b) Substantial damage to wildlife, plants, aquatic and marine life, habitat or stream buffers. [Amended by 1953 c.188 §2; subsection (3) enacted as 1957 c.580 §11; 1971 c.743 §398; subsection (4) enacted as 1971 c.719 §18; subsections (5) and (6) enacted as 1981 c.622 §14; 1985 c.292 §1; 1987 c.260 §4; 1993 c.742 §115; 1999 c.1051 §196; 2007 c.318 §13; 2013 c.371 §25]

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.