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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES

 

DIVISION 35

OREGON MINED LAND RECLAMATION ACT

Applicable to Coal and Metal-Bearing Ores Operations

Obtaining Permits AfterAugust 16, 1981

 

632-035-0005

Purpose of These Rules and Regulations

(1) For Coal and Metal-bearing Ores these rules implement the purposes of ORS 517.750 to 517.955 and 517.990(3), (4), and (5), as declared by the Legislative Assembly:

(a) To provide that the usefulness, productivity and scenic values of all lands and water resources affected by surface and underground mining within this state receive the greatest practical degree of protection and reclamation necessary for their intended subsequent use;

(b) To provide for cooperation between private and governmental entities in carrying out the purposes of ORS 517.750 to 517.955 and 517.990(3), (4), and (5).

(2) These rules prescribe procedures for obtaining an Operating Permit and for complying with the other requirements of the Oregon Mined Land Reclamation Act: ORS 517.750 to 517.955 as amended and subsections (3), (4), (5) and (6) of ORS 517.990.

(3) Applicants seeking Operating Permits from the Department should be aware that other state, federal and local agencies may require the applicant to obtain approval prior to operation. For example, the Department of Environmental Quality (DEQ) may require contaminant discharge permits for air, waste water and solid waste disposal. Where feasible the Department shall coordinate with other agencies to avoid duplication on the part of applicants. An Operating Permit from the Department does not constitute authorization to proceed without approval of other agencies if required. It is the applicant's responsibility to obtain other necessary permits.

Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.517, ORS 517.760 & ORS 517.905
Hist.: GMI 2-1982, f. & ef. 8-13-82; GMI 3-1984, f. & ef. 12-12-84; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88

 

632-035-0010

Definitions

The definitions in ORS 517.750 apply to these regulations:

(1) "Affected", as used in ORS 517.750(13)(a) means the disturbance by excavation or any other surface mining or milling on any land surface during any stage of mineral production, or the covering of any land surface by surface mining refuse.

(2) A "Period of 12 Consecutive Calendar Months" as used in ORS 517.750(13)(a) begins on the date surface mining begins.

(3) "Board" means the Governing Board of the State Department of Geology and Mineral Industries.

(4) "Chemical Processing Bond or Other Approved Security" is the bond or other approved security an operation capable of chemically leaching more than 5,000 cubic yards/year of material shall post. The bond shall be posted in an amount not less than $25,000 or more than $500,000 and shall be applied specifically to the reclamation procedures associated with the credible accident or decommissioning of an ore processing facility.

(5) "Closure Order" is a written notice from the Department requiring the operator to cease and desist from mining or processing mined material at the site described in the written notice.

(6) "Credible Accident" is defined as an unplanned discharge of ore processing solutions, ore processing solution contaminated water, or chemicals from a mine facility into the surface water, ground water, soil, overburden, or living resources in sufficient quantities to impair the existing quality or pre-mine use of the receiving water, soil, overburden, or living resources which would exceed the discharge standards of DEQ.

(7) "Department" means the Department of Geology and Mineral Industries.

(8) "Disturbed Area" is any area within the permit area boundary where surface or ground water resources are impacted as a result of mining, milling or mine facilities.

(9) "Expansion" as used in these rules means lateral expansion consequential to surface mining into land surfaces previously not affected by surface mining.

(10) "Limited Exemption" means surface mining which although not entitled to a "total exemption" is eligible for certain grandfather rights under ORS 517.770 and operates under a limited exemption certificate issued by the Department.

(11) "Mine Facilities" as used here includes but is not limited to the following:

(a) Leach pads and vats;

(b) Recovery plants or mill;

(c) Process solution ponds and storage ponds;

(d) Impoundments and diversions;

(e) Tailing disposal facility.

(12) "Nonaggregate Minerals" means coal and metal-bearing ores, including but not limited to ores that contain or are purported to contain nickel, cobalt, lead, zinc, gold, molybdenum, uranium, silver, aluminum, chromium, copper or mercury.

(13) "Operating Permit" is the permit issued by the Department that allows for the mining and processing of coal and metal-bearing ores as described in ORS 517.790 and provides for reclamation as specified in ORS 517.705(11).

(14) "Ore Processing" means milling, heap leaching, flotation, or other mineral concentration process.

(15) "Ore Processing Solutions" are defined as those solutions which are used directly or indirectly to recover minerals.

(16) "Permit Area" is the area of surface mining and exploration as defined in ORS 517.750(13). Permit area is defined by boundaries submitted on a map acceptable to the Department and means the area to be covered by an Operating Permit. The permit area will generally be a contiguous parcel or parcels which are available to the permittee for surface mining. Areas used for the storage or disposition of any product or waste material from the surface mining operation even though separate from the area of extraction shall be included in the permit area. The permit area may be redefined as mining progresses. In the case of exploration, the permit area includes, but is not limited to, areas proposed for surface disturbance by drilling, drill pad construction, trenches and any roads newly constructed or improved with heavy equipment other than the road used to access the permit area.

(17) "Pre-Mine Use" when used in reference to surface or ground water means pre-mine uses that include but are not limited to:

(a) Drinking water;

(b) Fishery;

(c) Agriculture;

(d) Recreation.

(18) "Prospecting" and/or "Exploration" means all activities conducted on or beneath the earth's surface for the purpose of determining presence, location, extent, depth, grade, or economic viability of a deposit.

(19) "Reclamation" means the employment in surface mining of procedures reasonably designed to minimize as much as practicable the disruption from surface mining and to provide for the rehabilitation of any surface resources through the use of plant cover, soil stability techniques, and through the use of measures to protect the surface and subsurface water resources, including but not limited to domestic water use and agricultural water use, and other measures appropriate to the subsequent beneficial use of such mined and reclaimed lands.

(20) "Surface Mined Prior to July 1, 1972" means land affected by surface mining before July 1, 1972 which has not been adequately reclaimed.

(21) "Surface Mined Prior to January 1, 1981" means land affected by surface mining, milling or ore processing before January 1, 1981 under the provisions of the valid contract clause of ORS 517.770(1)(c) has not been adequately reclaimed.

(22) "Total Exemption" means surface mining that is exempted from the requirements of these rules. The Department may require certain information to be provided under OAR 632-035-0016(2) to establish exemptions.

Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.910
Hist.: GMI 2-1982, f. & ef. 8-13-82; GMI 3-1984, f. & ef. 12-12-84; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88

 

632-035-0015

General Information

(1) Information Requirements. The Department may require any information needed to determine the status of any surface mining. Proprietary information includes but is not limited to trade secrets, business records and production figures, and shall be held confidential. Information concerning ownership, location, and the identity of the operator are matters of public record as are actions taken by the Department with regard to any mining operation or permit application.

(2) Inspections. As provided by ORS 517.850 the Department may, after reasonable notice, inspect any surface mining site to determine status or compliance. The Department will report the results of these inspections to the permittee in writing.

(a) Initial inspections shall be conducted by the Department. Reasons for the inspections include but are not limited to:

(A) Determining existing environmental conditions;

(B) Reviewing the proposed mine operation;

(C) Reviewing the proposed reclamation plan;

(D) Collecting data to calculate a bond;

(E) Monitoring the construction of facilities.

(b) Annual and non-scheduled inspections may be conducted by the Department. Reasons for the inspection include but are not limited to:

(A) Reviewing operating permit compliance;

(B) Investigating public complaints;

(C) Evaluating the site bond level.

(3) County Authority:

(a) The Department shall recognize permits issued under county ordinances in lieu of permits required by these rules if such county ordinances have been approved by the Board before July 1, 1984. The Board may approve a county ordinance provided the ordinance meets the administrative and reclamation standards contained in ORS 517.750 - 517.955 and 517.990(3), (4), (5) and (6), and these rules, and provision is made for the reclamation to be secured by an adequate reclamation bond or alternate security. Examination for approval of proposed county ordinances shall include, but is not limited to, the following criteria:

(A) Fully qualified professional personnel to administer the ordinance;

(B) Circulation for review of all applications and supporting documents to all appropriate natural resource public agencies, including the Department;

(C) Provision for completed processing and issuance of permits in the same or less time as the state;

(D) Provision for annual field inspections and for preparation and maintenance of permanent records and reports;

(E) Provision for prior mined (grandfathered) sites as provided in state law;

(F) Provision for regulation of expansion (as defined in OAR 632-035-0010(5)) of grandfathered sites;

(G) Adoption of criteria regarding final slopes and water depths contained in these rules and regulations;

(H) Provision for bonding or adequate alternate security;

(I) Provision for confidentiality of information as provided for in state law;

(J) A statement of penalties;

(K) A complete mined land reclamation document which does not require reference to other documents for compliance and which is free standing and not merely a part of a zoning ordinance;

(L) Provision to assume administration of all surface mining within the local agency's jurisdiction except municipalities within the county unless the city consents thereto as provided in ORS 517.780(2). Sites for which authority is not assumed, such as those on federal land, should be clearly exempted and left in state jurisdiction within the language of the ordinance. On those lands for which the county proposes to assume authority, the county must provide for reclamation of all categories of surface mining regulated under state law;

(M) Provision for incorporation of future changes of the state law into the local ordinance;

(N) Provision for review by the Board of future proposed changes in the local ordinance;

(O) Description of transition mechanism for transfer from state to county or city authority shall be provided for either in the ordinance or in a memorandum of understanding.

(b) The Board may rescind approval of a county ordinance if the county does not enforce its ordinance as approved by the Board or at the request of the county. When the Board recognizes county authority to issue surface mining permits in lieu of the permit required by these rules, the county will provide the Department with copies of all such applications, permits, denials, reclamation plans, and inspection reports. The Department may inspect those sites after giving reasonable notice to the operator and appropriate county authority;

(c) Umatilla and Clackamas counties may continue to operate their own reclamation programs as long as they maintain the standards specified in their approved ordinances. Changes to the reclamation ordinances in those counties must be approved by the Board. Changes to the reclamation ordinances must be consistent with state law and must be submitted to the Board for approval. Routine audits of the county programs shall be conducted by the Department to ensure compliance with state laws, rules, and county ordinances. Any deficiencies noted during the audit will be given in writing to the county along with a reasonable date to reach compliance. Authorization will be withdrawn by the Board if a county fails to maintain an adequate reclamation program.

(4) Surface mining on Federal Lands. Surface mining conducted on federal lands, is subject to ORS 517.750 - 517.990(3), (4) and (5) and these rules. The Department shall coordinate with agencies of the federal government to minimize conflict or duplication in operating, reclamation and security requirements. The Board may enter into formal agreements with federal agencies to establish the means by which these rules are carried out.

(5) Fees. Maximum fees are established by law and specific fees are set by the Department.

(a) Each application for an Operating Permit or Limited Exemption Certificate for coal or metal-bearing ores shall be accompanied by an application fee equal to that specified under ORS 517.800. For sites requiring special review and monitoring the Department shall assess a processing fee sufficient to cover costs of the department in processing the application and regulating the site annually, as determined by the department. The application fee from ORS 517.800 must accompany the application; any balance due will be requested by the department in writing and must be submitted prior to issuance of the permit;

(b) Each permit and certificate holder shall pay an annual fee on or before the last day of the month shown on the permit as the anniversary month. The annual fee shall be in accordance with ORS 517.800(2), plus the balance of any additional actual cost the Department incurs from inspections or review in accordance with ORS 517.920. The annual report form (SMLR-7) must be submitted to the Department by the last day of the anniversary month. As a courtesy, the Department may notify the permittee with a notice of these requirements at least 45 days prior to the due date. Failure of the permittee to pay the fee may result in the issuance of a Closure Order by the Department;

(c) Application fees are not refundable. Unspent balances of processing fees are refundable;

(d) Fees may be prorated at the applicant's request in order to adjust the anniversary date. The prorated fee will be on the basis of 1/12th the annual fee per month;

(e) For sites on which a processing fee is assessed a specific cost center for accounting purposes shall be established and the operator shall be provided with periodic cost summaries;

(f) The Department may require a lesser fee, upon completion of all reclamation, with the exception of vegetation establishment, per the approved Operating Permit.

(6) Closure Orders and Invalidation.

(a) The Department may issue a Closure Order when it finds that an operator is conducting surface mining:

(A) For which a permit is required but has not been obtained;

(B) Where a site has expanded outside the approved permit area without approval by the Department; or

(C) That is in violation of ORS 517.750 - 571.900, and the rules adopted thereunder, the reclamation plan, or permit conditions;

(D) Without having submitted the annual fee. The Department may refer violations of Closure Orders to the Attorney General for legal proceedings under the provisions of ORS 517.880 or to the District Attorney for prosecution according to the provisions of 517.990(3), and (4).

(b) An Operating Permit becomes invalid upon the anniversary date if the fee and annual report form have not been received by the Department, or at any time if any bond or alternate security has expired, or has been cancelled without replacement. Reclamation obligations incurred prior to the date of cancellation of any bond or other security continue until the site is reclaimed;

(c) A Limited Exemption Certificate becomes invalid upon the expiration date if renewal has not been made.

(7) Reclamation by the Department:

(a) Upon a finding of abandonment, the Department may perform the reclamation outlined in the reclamation plan to the extent possible, given the condition of the site when abandoned. The Department may perform alternative reclamation depending on site conditions. For example, the Department shall not construct a lake if the excavation has not reached the watertable: the Department shall not complete a proposed housing development;

(b) The Department may reclaim the site to:

(A) Eliminate or minimize hazards to the health and safety of the public;

(B) Eliminate or minimize any pollution or erosion;

(C) Rectify abuses of natural resources, including fish and wildlife habitat and restoring drainage;

(D) Reach a condition compatible with local comprehensive plan and with federal and state laws.

(8) Applicability of laws and rules.

(9) Permittees, at all times during the terms of the permit, are subject to the provisions of statutes and rules in effect at that time.

Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.775, ORS 517.800, ORS 517.850 & ORS 517.920
Hist.: GMI 2-1982, f. & ef. 8-13-82; GMI 3-1984, f. & ef. 12-12-84; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88

 

632-035-0016

Total Exemptions

(1) The following excavation, processing or grading activities are exempt from these rules and do not require the payment of fees, posting of bonds or submittal of reclamation plans:

(a) Beds and Banks. Excavations of materials from the beds and banks of any waters of this state are exempt from these rules when conducted pursuant to a permit issued under ORS 541.605 to 541.625 and 541.627 to 541.660;

(b) Operations producing less than 5,000 cubic yards of material per year and disturbing less than one acre of land are exempt from these rules but may require a permit from DEQ and other government agencies;

(c) Exploration. Mineral exploration activities are exempt until the cumulative area affected by one operation exceeds one of the following:

(A) More than one acre within any eight contiguous acres explored including road construction;

(B) A total of five acres is disturbed;

(C) More than one contiguous acre per year is affected;

(D) More than 5,000 cubic yards of material is extracted or processed per year, or the site has the capacity to process more than 5,000 cubic yards per year.

(d) Surface effects, created by underground mining prior to October 1, 1983, which have not been reclaimed.

(2) Applications for a total exemption certificate if desired shall be made to the Department using the established form. The Department may require the applicant claiming this exemption to provide data to establish the validity of the exemption. The data required may include but is not limited to, the name of the operator, location of the surface mine, size of the site, date of commencement of the surface mining, a summary of the previous 12 months' surface mining, and an estimate of the activity for the succeeding 12 months.

Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.750
Hist.: GMI 2-1982, f. & ef. 8-13-82; GMI 3-1984, f. & ef. 12-12-84; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 2-1986, f. 9-19-86, ef. 9-22-86; GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88

 

632-035-0017

Limited Exemptions

(1) Limited exempt status is applicable to land surfaces which were affected by surface mining before July 1, 1972, and which are not reclaimed.

(2) To receive a Limited Exemption Certificate the applicant must:

(a) Submit the appropriate application form and fee;

(b) Document with aerial photographs or other acceptable information that the site was affected by surface mining before July 1, 1972;

(c) Demonstrate that the site has not stabilized to the point where it is at least revegetated to 50 percent of original cover, when compared to adjacent lands, or has not reverted to any beneficial use such as wildlife habitat or grazing.

(3) The Department will review each request and make a determination based on the documentation provided, and on-site inspection, if necessary. If it refuses to approve the application for a limited exemption certificate, the Department will notify the applicant in writing specifying the reasons for the refusal and giving the applicant opportunity to supply additional documentation to support the application.

(4) The holder of a limited exemption certificate must renew the limited exemption certificate annually by submitting the renewal form and fee before the certificate expires. As a courtesy the Department will notify the holder that the certificate is due for renewal by mailing the necessary renewal form and fee schedule at least 45 days before the renewal date. The Department may request information to determine continued eligibility.

(5) Expansion of surface mining under limited exempt status into previously unmined land, which exceeds 5,000 cubic yards per year of material disturbed or more than one acre affected in any period of 12 consecutive months, requires an Operating Permit. Any land mined under a valid Limited Exemption Certificate is exempt from the bonding and reclamation requirements for the life of the mine. An Operating Permit must be obtained before any expansion occurs. Expansion of a site before an Operating Permit is issued constitutes surface mining without a permit and is prohibited by ORS 517.790.

Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.770 & ORS 517.775
Hist.: GMI 2-1982, f. & ef. 8-13-82; GMI 3-1984, f. & ef. 12-12-84; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88

 

632-035-0020

Procedures for Applying for an Operating Permit

Obtaining an Operating Permit:

(1) The applicant shall submit an Operating Permit application as defined in OAR 632-035-0025 including a map acceptable to the Department which delineates the proposed permit area.

(2) The application for an Operating Permit shall be accompanied by the fee authorized in ORS 517.800, 517.920 and determined by the Department. The balance of the actual cost or processing the application, if any, shall be submitted prior to issuance of the permit.

Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.790
Hist.: GMI 2-1982, f. & ef. 8-13-82; GMI 3-1984, f. & ef. 12-12-84; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88

 

632-035-0025

Requirements for an Operating Permit Application

(1) Prior to initiating any permitting action the applicant is encouraged to meet with the Department and with the Department of Environmental Quality (DEQ) for conceptual understanding and coordination of plans of study, baseline data collection and the permit application process. Division 35 rules do not apply to recycling or non-mining related facilities. These rules do apply to mine areas with ore processing facilities at or removed from the mine site, and apply to monitoring facilities. The Department shall closely coordinate it's permit requirements with DEQ so as to avoid duplication of effort and unnecessary delay. All waste water treatment and/or pollution control systems require DEQ permitting.

(2) An Operating Permit application shall contain five sections. Those sections are:

(I) Existing Environment.

(II) General Information.

(III) Operating Plan.

(IV) Reclamation Plan.

(V) Bonding.

(a) Existing Environment:

(A) The Department may require environmen-tal baseline information including characterization of the following:

(i) Vegetation;

(ii) Soil/overburden;

(iii) Climate/air quality;

(iv) Fish and aquatic biology*;

(v) Wildlife* (terrestrial, avian);

(vi) Surface and ground water;

(vii) Area seismicity;

(viii) Geology and geographic hazards;

(ix) Mineralogy and chemistry;

(x) Noise.

NOTE: *These characterizations may be necessary for determinations by the Oregon Department of Fish and Wildlife.

(B) Other state and federal agencies may have similar baseline requirements. Where possible the Department shall coordinate with agencies that have similar baseline needs in order to avoid duplication for the applicant;

(C) The level of detail required for in paragraph (2)(a)(A)(i-ix) of this rule may vary depending on location, size, scope, and type of mining operation. The applicant should contact the Department prior to baseline data collection to determine the level of detail necessary for the applicant's proposal.

(b) General Information:

(A) The name(s) and address(es) of all owners of the surface estate and mineral estate;

(B) The legal structure (e.g., corporation, partnership, individual) of the applicant;

(C) The name and mailing address of the facility for correspondence;

(D) The name and mailing address of the applicant's resident agent;

(E) The proposed starting date and expected life of the proposed operation;

(F) A description of the present land use and the proposed post-mine use of the site following mining. The proposed post-mine use must be compatible with the local comprehensive plan as determined by local land use planning agencies;

(G) Maps, aerial photographs or design drawings of appropriate scale may be required by the Department. Information that typically may be required on maps, aerial photographs or design drawings includes but is not limited to:

(i) Permit area boundary;

(ii) Mine location;

(iii) Waste rock or overburden stockpiles;

(iv) Processing facilities location;

(v) Ancillary facilities location;

(vi) Topsoil stockpile locations;

(viii) Typical cross sections;

(ix) Plan views and profiles;

(x) Existing watercourses and ponds;

(xi) Interim watercourses and ponds;

(xii) Reconstructed watercourses and ponds;

(xiii) Post-mining topography;

(xiv) Property lines;

(xv) General orebody location.

(H) The applicant should contact the Department for recommendations regarding scale and amount of detail required. The applicant may be required to submit extra copies of materials to be circulated to other agencies;

(I) Written evidence that the surface estate and mineral estate owners concur with the reclamation plan and the proposed use after reclamation and that they will allow the Department access to complete reclamation within the permit area if the permittee fails to comply with the approved reclamation plan. If the applicant can document a legal right to mine without consent of the surface estate owner, and the applicant can assure the Department will have a right to enter upon the permit area to complete the reclamation within the permit area if the permittee fails to complete the approved reclamation, the Department may issue an Operating Permit.

(c) Operation Plan. The Department may require the following in an operating plan:

(A) A detailed description of the proposed mining methods;

(B) A general list of equipment required for operation;

(C) A general schedule of construction and operation starting with the beginning of construction and ending with the completion of mining;

(D) General design assumptions plus plans profile, typical cross sections and capacities for mine facilities including but not limited to:

(i) Leach pads;

(ii) Impoundments;

(iii) Ponds;

(iv) Diversion systems;

(v) Disposal systems;

(vi) Stockpiles and dumps;

(vii) Pits;

(viii) Tailing disposal facilities.

(E) When appropriate, mine facilities must be designed conceptually as zero discharge/leak facilities. Leaching facility design and construction materials are at the discretion of the applicant. A coefficient of permeability for facilities shall be agreed to by the applicant, DEQ and the Department prior to construction. The applicant must provide for the conservation of the pre-mine quantity and maintenance of the pre-mine quality of the surface and ground water resource so as not to degrade the pre-mine use. Any discharge of ore processing solutions off-site would be required to meet DEQ discharge permit standards;

(F) A water budget analysis including but not limited to:

(i) Precipitation/evaporation data;

(ii) Make-up water needs;

(iii) Make-up water source;

(iv) procedures to dispose of precipitation water in excess of designed capacities to include but not be limited to solution treatment facilities or proposed irrigation strategies. This section should be coordinated with procedures for seasonal closure and decommissioning of the operation;

(v) Surface water runoff determination for the watershed containing the mine operation;

(vi) As a minimum, projects shall be designed to handle the 100-year, 24-hour precipitation event.

(G) Seasonal closure procedures if applicable including but not limited to:

(i) Target seasonal storage volumes;

(ii) Total system storage capacity;

(iii) Procedures to handle volumes of water in excess of seasonal storage capacities;

(iv) Estimated target dates for closure.

(H) Credible accident contingency plan including but not limited to:

(i) Accidental discharge scenarios;

(ii) Immediate response strategy;

(iii) Procedures to mitigate impacts to ground water;

(iv) Procedures to mitigate impacts to surface water;

(v) Procedures to mitigate impacts to soil/overburden;

(vi) Procedures to mitigate impacts to living resources;

(vii) Notification procedures;

(viii) Chemical constituents representative of ore processing solution.

(I) Operational monitoring programs including but not limited to, surface and ground water monitoring systems within and outside the permit boundary, water balance of the process system and leak detection systems. Monitoring may be required after cessation of mining or milling operations to insure compliance with decommissioning performance standards;

(J) Surface water management procedures to provide for protection against contamination of ground water and the off-site discharge of sediments into adjacent waterways;

(K) Stable storage of overburden. A vegetative cover of overburden stockpiles may be required to prevent erosion of the overburden storage or spoils area;

(L) Isolation and stable storage of the topsoil or equivalent growth media material maintained for use in revegetation;

(M) Stable storage of mine dumps. The pre-dump topography, ground preparation, method of emplacement of dump material, height of lifts, total height and final slopes shall be described. The department may require design and review by a registered professional engineer or certified engineering geologist;

(N) Stable storage of mill tailings. Plans and specifications of all dams or impoundments proposed to be constructed for the purpose of storing mill tailings or other materials consequent to the mining and milling operation may be required by the Department to be prepared by a registered professional engineer or certified engineering geologist. Plans shall be reviewed by the Department and other regulatory agencies. Construction of such dams may be required to be reviewed by a registered professional engineer. Procedures to prevent pollution of air, water, and land shall be described. Depending upon the commodity to be mined, tailings impoundments must meet various requirements of the Department of Environmental Quality, the Health Division of the Department of Human Resources, the Department of Fish & Wildlife, the Oregon Department of Energy Department of Water Resources, Army Corps of Engineers and the U.S. Nuclear Regulatory Commission. Details on how each tailings disposal facility will be reclaimed must be submitted;

(O) Stable storage of mined ore. Plans and specifications prepared by a registered professional engineer or certified engineering geologist of all ore storage facilities may be required by the Department. Storage facilities as used here include but are not limited to stored ore on reusable leach pads, stored ore on permanent leach pads, ore stockpiles, storage bins and silos;

(P) Subsidence Control Plan for Underground Mines.

(i) At the discretion of the Department an application for underground mining activities must include an inventory which shows whether structures, renewable or nonrenewable resources, or water resources exist within the proposed permit area and adjacent area and whether subsidence might cause material damage to, or diminution of reasonably foreseeable uses of the structures, or renewable or nonrenewable resources, or water resources;

(ii) If the Department finds, after reviewing the survey, that no structure or renewable or nonrenewable resources exists or no material damage or diminution could be caused in the event of mine subsidence, no further information need be provided under this subsection;

(iii) If the Department finds, after reviewing the survey, that any structure, renewable or nonrenewable resources, or water resources exist and that subsidence could cause material damage or diminution of value of foreseeable use of the land, then the applicant shall submit a subsidence control plan which contains:

(I) A detailed description of all proposed methods of operation which may cause subsidence, including:

(I-a) The technique of ore removal; and

(II-b) The extent, if any, to which planned and controlled subsidence is intended.

(II) A detailed description of the measures to be taken to prevent subsidence from causing material damage or lessening the value or reasonably foreseeable use of the surface including:

(I-a) The anticipated effects of planned subsidence, if any;

(II-b) Measures to be taken in the mine to reduce the likelihood of subsidence; and

(III) Measures to be taken on the surface to prevent material damage or lessening of the value or reasonably foreseeable use of the surface;

(IV) A detailed description of measures to be taken to determine the degree of material damage or diminution of value or foreseeable use of the surface, including measures such as:

(IV-a) The results of presubsidence surveys of all structures and surface features which might be materially damaged by subsidence; and

(IV-b) Monitoring, if any, proposed to measure deformations near specified structures or features or otherwise as appropriate for the operations.

(Q) A list and procedures for the handling and storage of any chemicals, acid-forming materials or radioactive material generated from or required for mining or processing at the proposed operation;

(R) Prior to operation, a signed registered engineer's or certified engineering geologist's report, complete with an accurate drawings and specifications depicting the actual construction shall be submitted. It shall be submitted by the permittee to the Department within 30 days after the completion of the construction. Alternatively, if the construction proceeded in substantial compliance with the approved plans and specifications, a statement to that effect may be submitted by the registered professional engineer or certified engineering geologist. In either case, specific provisions shall be made for agency inspection during construction or installation of mine facilities.

(d) Reclamation Plan. The Department may require the following in a reclamation plan:

(A) Provisions for recontouring, stabilization and/or topsoil replacement of all disturbed areas;

(B) Provisions for the revegetation of all disturbed areas consistent with future use. This shall include seedbed preparation, mulching, fertilizing, species selection, plus seeding or planting rates and schedules. The Department shall, in most instances, consider revegetation successful if it is comparable in stability and utility to adjacent analogous areas. In arid or semi-arid regions, the Department may allow three years of growth prior to evaluation of revegetation. Otherwise revegetation will be evaluated after one growing season. Vegetation test plots and chemical/physical soil and subsoil analysis may be required to ensure establishment feasibility. If applicable the applicant must include a plan for the control of noxious weeds;

(C) Provisions for protection of public health and safety;

(D) Provisions specifying adequate setbacks;

(E) Procedures for all stream channels and stream banks to be rehabilitated so as to minimize bank erosion, channel scour, and siltation. Disturbance within the beds and banks of streams may require a permit from the Division of State Lands;

(F) The Department may require the applicant to provide for the prevention of stagnant water;

(G) Final slopes shall be stable;

(H) Reclaimed cutbanks shall not have slopes exceeding 1-1/2 horizontal to 1 vertical (1-1/2:1). The Department may grant exceptions for steeper slopes when the applicant can document that the slopes will be stable and if the steeper slopes:

(i) Blend into adjacent terrain features; or

(ii) Existed prior to mining; or

(iii) Are consistent with approved subsequent beneficial use.

(I) Fill slopes shall be 2:1 or flatter unless steeper slopes are approved by the Department. Technical data supporting steeper slope stability may be required by the Department;

(J) Procedures for the salvage, storage and replacement of topsoil or acceptable substitute;

(K) Provisions for the establishment of 3:1 in-water slopes to six feet below water level for permanent water impoundments. Reasonable alternatives may be approved by the Department when they are consistent with the reclamation plan. For example, safety benches no more than two feet below low water level and five feet wide may be substituted for the slope requirement where the Department determines that sloping is not practical;

(L) Visual screening of the proposed operation may be required, if economically practical, when the operating area is visible from a public highway or residential area. Techniques for visual screening include, but are not limited to, vegetation, fencing or berms;

(M) Procedures for the removal or disposal of all equipment, refuse, structures and foundations from the permit area. Permanent structures may remain if they are part of an approved reclamation plan;

(N) Provisions to maintain access to utilities when a utility company right-of-way exists;

(O) Procedures or information for decommissioning mine facilities including but not limited to:

(i) Procedures for ore storage sites to meet decommissioning performance standards for protection of surface and ground water quality and living resources and to achieve revegetation requirements;

(ii) Procedures for tailing disposal facility to meet decommissioning performance standards for long-term stability, protection of surface and ground water quality and living resources and provide for attainment of site land use objectives;

(iii) Procedures for solutions to meet decommissioning performance standards for discharge, containment and evaporation, or other ultimate disposal methods;

(iv) Removal of all process chemicals;

(v) Appropriate isolation or removal of waste material;

(vi) Monitoring system by which the success of the proposed reclamation can be measured for bond release;

(vii) Performance standards for spent ore leachate shall be established by DEQ unless the applicant can demonstrate to DEQ the limits cannot be achieved practicably. Demonstration can be laboratory trials or field evaluations.

(e) Financial Security:

(A) The applicant shall submit a permit bond or other adequate security deposit for the purpose of assuring completion of the reclamation plan, other requirements of ORS 517.750 to 517.955, and all rules and permit conditions. The financial security amount shall be determined and transmitted to the operator after comments by reviewing agencies on the proposed reclamation plan have been received and evaluated. All land shall have department approved and accepted financial security prior to disturbance. The Department must determine the amount of the bond or other security required by estimating the cost of reclamation if the Department were to perform the reclamation;

(B) Factors the Department will consider in determining the amount of security may include, but are not limited to, the following:

(i) Supervision;

(ii) Mobilization;

(iii) Costs of equipment;

(iv) Equipment capability;

(v) Costs of labor;

(vi) Removal or disposition of debris, junk, equipment, structures, foundations and unwanted chemicals;

(vii) Reduction of hazards such as: in-water slopes, highwalls, and landslides or other mass failure;

(viii) Disposition of oversize, rejects, scalpings, and overburden;

(ix) Backfilling, contouring or regrading and topsoil replacement;

(x) Draining, establishment of drainage, and erosion control;

(xi) Soil tests;

(xii) Seedbed preparation, seeding, mulching, fertilizing, netting, tackifiers or other stabilizing agents;

(xiii) Tree and shrub planting;

(xiv) Fencing;

(xv) Liability insurance;

(xvi) Long-term stabilization, control, containment or disposal of waste solids and liquids;

(xvii) Final engineering design;

(xviii) Costs of remedial measures identified to clean up releases of contaminants associated with mining, processing or beneficiation that are reasonably likely to cause a threat to public health safety of the environment.

(C) Cost estimate information shall be derived from sources such as:

(i) Comparable costs from similar projects;

(ii) Catalog prices;

(iii) Guides and Cost estimates obtained from appropriate government and private sources;

(iv) Operator estimates;

(v) Equipment handbooks;

(D) Seedmixes, fertilizer rates, and other requirements will be derived from departmental experience combined with advice from such sources as the Oregon Department of Agriculture, Soil Conservation Service, Oregon State University Extension Service, the Department of Transportation, the Bureau of Land Management or United States Forest Service and private sector experts;

(E) The security amount shall be based on the cost of reclamation at the time of an inspection plus the predicted disturbance within the next 12 months. Security amounts shall not include construction of structures or comparable features such as housing developments or industrial construction even if included in a reclamation plan;

(F) The department, in consultation with the DEQ, shall make a determination of whether a threat to public health or the environment is reasonably likely to exist from a concentration of metals or minerals resulting from mining, processing or beneficiation at the proposed project. If such a threat exists, the department may set the bond at $100,000 per acre or the actual cost of reclamation, whichever amount is lower. The determination of whether a particular metal or mineral is reasonably likely to cause a threat to public health or the environment shall be based on project specific baseline data and consider factors including but not limited to:

(i) The specific metal or mineral;

(ii) Weathering characteristics;

(iii) Mobility;

(iv) Redox equilibrium relationships;

(v) Toxicity characteristics;

(vi) Design of the disposal site;

(vii) Pathways;

(viii) Receptors.

(G) In addition to the financial security required for the mine site, applicants having the capacity to cyanide leach or chemically process more than 5,000 yards of minerals per year shall post a chemical processing bond or appropriate security in an amount not less than $25,000 and not more than $500,000. The Chemical Processing Bond or appropriate security may only be used by the Department for the detoxification or disposal of solutions used in ore processing or for the detoxification or restoration of soil, overburden, surface or ground water or living resources contaminated by ore processing solutions, on or off the permit area;

(H) The Department shall consider the following factors in determining the amount of security required for the Chemical Processing Bond:

(i) The estimated cost of detoxification or disposal of ore processing solutions and solution contaminated ore so as to meet the performance standards for reclamation approved for the operation in the Operating Permit issued by the Department;

(ii) The estimated cost of restoration of contaminated soil, surface and ground water or living resources within the performance standards should an accident occur at the site;

(iii) The estimated cost of removal and/or disposal of chemicals used on site;

(iv) The operator's credible accident contingency plan;

(v) Estimated agency contracted service expenses including but not limited to supervision, mobilization, labor and equipment needs of the agency for decontamination and restoration should the agency be required to perform such restoration.

(I) The amount of bond or other security may be reduced upon completion of ore processing and decontamination, provided documentation substantiates the reduction of risk to the environment. Some amount of the bond of other security, not less than $25,000, shall be maintained through any post closure monitoring which may be required;

(J) Chemical Processing Bond or Other Approved Security release standards and schedules for any specific site shall be established in consultation with the DEQ prior to operation;

(K) The applicant may be required to submit reclamation/decommissioning cost estimates and/or estimated costs for mitigation, reclamation and/or disposal associated with a credible accident for consideration by the Department;

(L) No permit shall be issued or renewed until all financial security for a surface mining site is on file with the Department permit bonds or other securities must be maintained until operations have ceased, reclamation has been completed, and all decommissioning performance standards have been met. The permit bonds, security deposit assignments, letters of credit or other security as authorized by ORS 517.810. Permit bonds must be U.S. Treasury listed, provided by surety companies authorized to do business in Oregon and acceptable to the department. A security submitted for multiple surface mining sites under the provisions of ORS 517.810(4) must be accompanied by a list showing the permits covered by the security, the amount of the bond applicable to each surface mining site, and the number of acres bonded at each site.

Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.810, ORS 517.870, ORS 517.890, ORS 517.915 & ORS 517.950
Hist.: GMI 2-1982, f. & ef. 8-13-82; GMI 3-1984, f. & ef. 12-12-84; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 2-1986, f. 9-19-86, ef. 9-22-86; GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88 ; GMI 3-1990, f. & cert. ef. 8-9-90

 

632-035-0030

Department Action on Operating Permit Application

(1) The Department shall approve or deny a complete application in writing within 120 days of receipt. If an application is incomplete, the Department shall notify the applicant of that fact in writing within 30 days of receipt and the Department will specify the deficiencies therein. Within 60 days of receipt of a notice of incompleteness the applicant may appeal the determination of incompleteness or may resubmit the application with deficiencies corrected.

(2) The Department will submit the Operating Permit to local planning authorities and other appropriate public agencies for review. If the Operating Permit cannot be reviewed and accepted or rejected by the Department within 120 days after receipt the Department will notify the applicant.

(3) If the Department refuses to approve the Operating Permit for any reason, the department will notify the applicant in writing within five days of refusal stating the reasons for and including additional requirements as may be prescribed by the department for inclusion in the reclamation plan. Within 60 days after the receipt of a deficiency list or permit conditions, the applicant shall comply with the additional requirements prescribed by the Department or file a written notice of appeal of the decision to the Department in accordance with OAR 632-035-0056 Failure to comply with the additional requirements or file a notice of appeal within the 60 day period, unless an extension is granted by the Department, shall result in the application for an Operating Permit being denied. Informal requests for reconsideration may be submitted as provided for in OAR 632-035-0056.

(4)(a) The Department will approve the applicant's Operating Permit if it adequately provides for reclamation of surface mined lands as required by these rules;

(b) If the Department finds that reclamation cannot be accomplished it shall not issue an Operating Permit. The applicant shall be notified in writing within five days of the decision.

(5) The Department may attach conditions to the Operating Permit. These conditions may be added to reflect special concerns which are not adequately addressed in the reclamation plan and fall within the scope of these rules. The permittee may appeal these conditions by filing a written notice of appeal in accordance with OAR 632-035-0056.

(6) The approval of the reclamation plan and the issuance of the Operating Permit by the Department do not constitute a finding of compliance with statewide planning goals or local regulations implementing acknowledged comprehensive land use plans. The Operating Permit may be issued prior to the local land use agency making such a determination. The permittee is responsible for obtaining local land use approval before commencing the proposed surface mining activity. When issuing the permit, the Department will inform the permittee that:

(a) Issuance of the Operating Permit is not a finding of compliance with the Statewide Planning Goals (ORS 197.225) or the acknowledged comprehensive plan; and

(b) The applicant is responsible for compliance with the requirements of all other agencies including land use determination by local government and compliance with the Statewide Planning Goals before commencing surface mining under the approved Operating Permit.

Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.740, ORS 517.810 & ORS 517.925
Hist.: GMI 2-1982, f. & ef. 8-13-82; GMI 3-1984, f. & ef. 12-12-84; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88

 

632-035-0035

Modification of an Operating Permit

Modification may be initiated at any time by the permittee or by the Department. An Operating Permit may be modified by approval of the Department after timely notice and opportunity for review as provided by ORS 517.830(4) in order to modify the requirements so that they comply with existing laws, or to accommodate unforeseen developments which may affect the reclamation plan as previously approved. Expansion of an operation beyond original permit area or significant intensification of activity may require recirculation to interested agencies for additional comment.

Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.740 & ORS 517.800
Hist.: GMI 2-1982, f. & ef. 8-13-82; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88

632-035-0040

Maintaining an Operation Permit

(1) As provided by ORS 517.830(4) an Operating Permit issued by the Department shall be granted for the period of time required to mine and reclaim the land described in the permit and subject to the requirements of the law. Each Operating Permit is to be renewed prior to the anniversary date by submitting the required annual fee and filing the annual report. As a courtesy, the Department may notify the permittee by mail at least 45 days prior to the anniversary date of the permit and provide the necessary renewal forms and fee schedule for permit renewal. In cases of nonrenewal, a second notice may be sent prior to issuance of a Closure Order. The permittee shall maintain an Operating Permit until mining and reclamation, including revegetation (if required), have been completed.

(2)(a) If the Department determines from inspections conducted pursuant to ORS 517.850 or from any other source, that the operation is not in compliance with the approved Operating Permit, permit conditions, ORS 517.750 - 517.900, or the rules adopted thereunder, the Department shall give written notice of noncompliance to the operator;

(b) The permittee must begin rectifying all deficiencies within 30 days of receipt of the notice of noncompliance as required in ORS 517.860(1), or file a written appeal to the notice of noncompliance in accordance with OAR 632-035-0056. If the permittee appeals the notice within 30 days of receipt, the Department will not issue a Closure Order or revoke the permit pending the appeal, except in cases of reasonable probability of danger to human life, property, water resources, or wildlife. The Department will provide the permittee a written statement of the specific facts leading to that finding and corrective action for the elimination of such danger.

(c) The Department will notify the permittee in writing within ten days of verification of compliance.

Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.740 & ORS 517.800
Hist.: GMI 2-1982, f. & ef. 8-13-82; GMI 3-1984, f. & ef. 12-12-84; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88

 

632-035-0045

Obtaining Bond Release

(1) The permittee shall notify the Department when the reclamation has been completed.

(2) The Department shall inspect the reclaimed site. If the permittee has fulfilled the requirements of the approved reclamation plan or decommissioning performance standards, the bonds or other securities shall be released. The Department may authorize bond or other security reduction if the reclamation or decommissioning is partially completed.

Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.740
Hist.: GMI 2-1982, f. & ef. 8-13-82; GMI 3-1984, f. & ef. 12-12-84; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88

 

632-035-0050

Appeals

(1) Prior to the initiation of a formal appeal of any departmental order, notice, or other action, made pursuant to ORS 517.750 - 517.955 or the rules adopted thereunder, the applicant or permittee shall first request that the State Geologist informally review and resolve the matter. The State Geologist will provide a written decision within 20 days of receipt of such an informal request. If the State Geologist is unable to resolve the informal request, the applicant or permittee may request a contested case hearing the Board or its designee for final resolution of the matter.Appeals must be filed within 30 days of receipt of the State Geologist's written decision except as otherwise provided by OAR 632-035-0030(2) of these rules and by the applicable provisions of ORS 183.310 through 183.550. A final determination by the Board must be made before any appeal for judicial review under ORS 183.480 is allowed.

(2) An applicant or permittee requesting a hearing for consideration of any appeal shall state the reasons for requesting the hearing and the objections to the Department's order, notice, or other action in accordance with ORS 183.430 through 183.470.

Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.890 & ORS 517.992
Hist.: GMI 2-1982, f. & ef. 8-13-82; GMI 2-1985, f. 11-19-85, ef. 11-20-85

 

632-035-0055

Penalties

(1) Any landowner or operator who conducts a surface mining operation, for coal or a metal-bearing ore, without a valid Operating Permit as required by ORS 517.750 - 517.955 shall be punished, upon conviction, by a fine of not more than $10,000.

(2) Violation of any provision of ORS 517.750 to 517.955, or of any rule or order made pursuant to ORS 517.910 to 517.950, or of any conditions of an Operating Permit, is punishable, upon conviction, by a fine of not more than $10,000.

Stat. Auth.: ORS 517
Stats. Implemented: ORS 517.990 & ORS 517.992
Hist.: GMI 2-1982, f & ef. 8-13-82; GMI 3-1984, f. & ef. 12-12-84; GMI 2-1985, f. 11-19-85, ef. 11-20-85; GMI 2-1988, f. 5-12-88, cert. ef. 5-2-88

 

632-035-0060

Civil Penalty

(1) Applicability. This section of these rules applies to the imposition of civil penalties under ORS 517.992(2) for violations of statutes, rules, orders and permit conditions not related to a chemical process mine.

(2) Definitions. For purposes of this section of these rules:

(a) "Department" means the Department of Geology and Mineral Industries;

(b) "Compliance Schedule" is a written plan that establishes specific actions and time tables for remedying a violation. The compliance schedule may require the violator to propose specific actions that are acceptable to and approved in writing by the department. The compliance schedule also may be used for informal disposition of proceedings through stipulation, agreed settlement, consent order or default;

(c) "Notice of Violation" is a written warning that includes a short and plain statement of the facts establishing a violation and reference to the statute, rule, order, or permit condition that has been violated;

(d) "Notice of Civil Penalty" is a written statement that includes the elements of a Notice of Violation and also imposes a civil penalty;

(e) "Outside a permit condition regarding boundaries, setbacks, buffers, or the placement of surface mining materials" means a violation of any permit condition that establishes or regulates the physical or geographic limits on mining operations. Surface mining materials means soil, rock, ore, minerals or overburden. It does not include discharges of water.

(f) "Violation" is any violation of ORS 517.700 to 517.951, or any rule, order, or permit adopted under those statutes, provided:

(A) The statute, rule, order or permit does not relate to a chemical process mine; and

(B) The violation relates to an operation that is being conducted without a permit, outside of a permit boundary, or outside of a permit condition regarding boundaries, setbacks, buffers or the placement of surface mining refuse.

(3) Notice of Violation:

(a) If the department finds that a violation does not pose an immediate threat to human health, safety or the environment, it may issue a Notice of Violation. The notice shall give the violator a specified period of time, not less than 72 hours in which to correct the violation;

(b) The Notice of Violation may include a compliance schedule and the Notice of Violation may include a requirement that a violation not be repeated within a specified period of time;

(c) If the violation is corrected within the specified period and any requirement imposed under subsection (b) of this section, is satisfied, a civil penalty shall not be imposed.

(4) Notice of Violation -- Service. A notice of Violation shall either be served personally or sent by registered or certified mail. If the Notice is served by mail, the period specified for compliance shall not commence until four business days after the date the notice has been mailed.

(5) Notice of Civil Penalty. If the department finds that a violation poses an immediate threat to human health, safety, or the environment, or that the violator has not complied with the requirements contained in a previously issued Notice of Violation, the department may issue a Notice of Civil Penalty.

(6) Notice of Civil Penalty -- Form and Service. A Notice of Civil Penalty shall be in a form and shall be served in the manner required by ORS 183.415.

(7) Appeals -- Consolidation. Any person issued a Notice of Violation or a Notice of Civil Penalty shall have the right to a Contested Case hearing under ORS 183.413 to 183.470. The hearing must be requested in writing within 20 days of the date of service. A Notice of Civil Penalty may be issued even though a contested case hearing is pending on the underlying Notice of Violation. However, if timely requests for hearings are received on a Notice of Violation and a Notice of Civil Penalty arising out of the same violation, the hearings may be consolidated.

(8) Civil Penalty -- Classification:

(a) Civil penalties imposed under ORS 517.992(2) shall be coordinated with other agencies to avoid duplication of penalty for the same violation and be in accordance with the following schedule:

(A) Class 1. Violation that poses no potential threat to human health, safety, or the environment: no more than $1,000 per day;

(B) Class 2. Violation that poses a potential threat to human health, safety, or the environment, or repeat Class 1 Violation: no more than $3,000 per day. Potential threats to human health, safety or the environment include, but are not limited to, actions that increase instability, erosion or an unsafe condition at the site;

(C) Class 3. Violation that poses an immediate but remediable threat to the environment or a repeat Class 2 violation: no more than $6,000 per day. Immediate but remediable threat to the environment means that without a quick response and considering such factors to include but not limited to slope and erodability damage will occur and that upon remediation there will be no lasting effect of that damage.

(D) Class 4. Violation that:

(i) Poses an immediate threat to human health or safety;

(ii) Causes actual human injury;

(iii) Poses a threat to the environment that is immediate and not remediable;

(iv) Causes actual damage to the environment; or

(v) Is a repeat Class 3 violation: $1,000 to $10,000 per day.

(b) Each day of a continuing violation may be treated as a separate violation for purposes of imposing a civil penalty;

(c) In the event of a conflict between the text of this rule and the language or operation of the attached schedule, the language in the text of the rule controls.

Stat. Auth.: ORS 517.090 & ORS 517.840
Stats. Implemented: ORS 517.992
Hist.: GMI 1-1994, f. & cert. ef. 7-21-94

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