Oregon Revised Statutes Chapter 517 § 517.862 — Revocation, termination or refusal to renew operating permit

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 within 60 days of the due date; (c) Fails to provide or maintain a bond or security as required by ORS 517.810; (d) Fails to comply with an order issued under ORS 517.860; or (e) Fails to comply with a suspension order issued under ORS 517.880. (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 and reclaim the area affected by surface mining. [2007 c.318 §2]