Bill Text: OR SB423 | 2013 | Regular Session | Introduced

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Bill Title: Relating to mineral resources; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB423 Detail]

Download: Oregon-2013-SB423-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1077

                         Senate Bill 423

Sponsored by Senator PROZANSKI (at the request of John Inglish
  and John Tyler) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires State Department of Geology and Mineral Industries to
consider certain information in review of applications for
operating permits.
  Provides that department may revoke, terminate or refuse to
renew operating permit if operator fails to comply with
conditions in operating permit.
  Requires governing board of department to establish by rule
procedures for public participation in process of renewal of
operating permits. Requires department to consider certain
comments before department may renew operating permit for surface
mining operation.
  Requires certain local jurisdictions to review and comment on
applications for operating permits for surface mining operations
within time period specified by department.
  Requires department to send copies of applications for
operating permits for surface mining operations to certain state
agencies. Requires state agencies to respond to request for
comment.
  Allows governing board of department to impose certain civil
penalties.
  Requires department to study issues related to consultation and
cooperation with other agencies. Sunsets study on January 2,
2015.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to mineral resources; creating new provisions; amending
  ORS 517.790, 517.830 and 517.862; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 517.790 is amended to read:
  517.790. (1) A landowner or operator may not allow or engage in
surface mining on land not surface mined on July 1, 1972, without
holding a valid operating permit from the State Department of
Geology and Mineral Industries for the surface mining operation.
A separate permit is required for each separate surface mining
operation. A person seeking an operating permit from the
department shall submit an application on a form provided by the
department that contains the following information:

  (a) The name and address of the landowner and the operator and
the names and addresses of any persons designated by them as
their agents for the service of process.
  (b) The materials for which the operation is to be conducted.
  (c) The type of surface mining to be employed in the operation.
  (d) The proposed date for the initiation of the operation.
  (e) The size and legal description of the lands that will be
affected by the operation, and, if more than 10 acres of land
will be affected by the operation and if the department
determines that the conditions warrant it, a map of the lands to
be surface mined that includes the boundaries of the affected
lands, topographic details of the lands, the location and names
of all streams, roads, railroads, utility facilities, wells,
irrigation ditches, ponds, stockpiles, buffers, setbacks and
excavation boundaries within or adjacent to the lands, the
location of all proposed access roads to be protected or
constructed in conducting the operation and the names and
addresses of the owners of all surface and mineral interests of
the lands included within the surface mining area.
  (f) If practicable, a plan for visual screening by vegetation
or otherwise that will be established and maintained on the lands
within the operation for the purpose of screening the operation
from the view of persons using adjacent public highways, public
parks and residential areas.
  (g) The type of monitoring well abandonment procedures.
  (h) A proposed reclamation plan that is acceptable to and
approved by the department.
  (i) Any other information that the department considers
pertinent in its review of the application.
   { +  (2) In addition to the information specified in
subsection (1) of this section, the department shall consider the
following information in its review of applications for operating
permits:
  (a) The historical use of the lands affected by the operation
in relationship to the type of surface mining to be employed in
the operation.
  (b) The historical and aesthetic significance of the lands
affected by the operation in relationship to the area surrounding
the operation.
  (c) Estimated noise and dust from the operation.
  (d) Visual blight created by the operation and its effects on
the value of real property near the operation.
  (e) Effects of the operation on ground water resources.
  (f) Traffic.
  (g) Safety concerns related to pedestrians, bicyclists and
equestrians. + }
    { - (2) - }   { + (3) + } The department may waive the
requirement for preparation and approval of a reclamation plan
if:
  (a) The operation is conducted as part of the on-site
construction of a building, public works project or other
physical improvement of the subject property;
  (b) The operation is reasonably necessary for such
construction; and
  (c) The proposed improvements are authorized by the local
jurisdiction with land use authority.
    { - (3) - }   { + (4) + } The department may not issue an
operating permit to an operator other than the owner or owners of
the surface and mineral interests of the lands included within
the surface mining area unless the operator:
  (a) Has written approval from the owner or owners of all
surface and mineral interests of the lands included within the
surface mining area; and
  (b) Maintains a legal interest in the lands that is sufficient
to ensure that the operator has the authority to operate and

reclaim the lands as provided in the operating permit and
reclamation plan.
    { - (4) - }   { + (5) + } The department may refuse to issue
an operating permit to a person who has not, in the determination
of the department, substantially complied with the conditions of
an operating permit or reclamation plan, the provisions of this
chapter or the rules adopted by the department to carry out the
purposes of this chapter.
  SECTION 2. ORS 517.830 is amended to read:
  517.830. (1) { + (a) + } Upon receipt of an application for an
operating permit, the State Department of Geology and Mineral
Industries shall inspect the operating site described in the
application. Within 90 days after the date that the application
and the required permit fee are received, the department shall
issue the operating permit applied for or, if it considers the
application incomplete, return the application to the applicant
for correction of the deficiencies indicated by the department.
   { +  (b) Upon receipt of an application, the State Department
of Geology and Mineral Industries shall send copies of the
application for comment within the 90 days referred to in this
subsection to the Department of Environmental Equality, the Water
Resources Commission, the State Fish and Wildlife Commission, the
Water Resources Department, the State Forestry Department, the
State Department of Agriculture, the Department of Land
Conservation and Development and any other state agency that has
regulatory responsibility with respect to the surface mining
operation. The state agencies must respond to the State
Department of Geology and Mineral Industries within the time
period specified in this paragraph.
  (c) Upon receipt of an application described in this subsection
and prior to the renewal of an operating permit, the department
shall send copies of the application for comment by certified
mail with return receipt to each owner as defined in ORS 517.959
(1) of property located within one mile of the perimeter of the
surface mining operation described in the application.  Comments
must be received by the department within 30 days of the date on
the return receipt. + }
  (2) Failure by the department to act upon the reclamation plan
submitted with an application for an operating permit within the
90-day period referred to in subsection (1) of this section is
not a denial by the department of the operating permit applied
for. The department, pending final approval of a reclamation
plan, may issue a provisional permit subject to reasonable
limitations that may be prescribed by the department and
conditioned upon the applicant's compliance with the bond and
security requirements established by ORS 517.810.
  (3)(a) Notwithstanding subsections (1) and (2) of this section,
if an application involves an aggregate site that requires a
permit issued pursuant to ORS 215.427 or 227.178, and if the
local jurisdiction requests that the application not be decided
until the local jurisdiction has taken final action, the
department shall make a final decision on the operating permit
and reclamation plan no later than 165 days after the date a
complete land use application is submitted to the local
jurisdiction, unless the applicant agrees to allow additional
time under ORS 215.427, 215.429, 227.178 or 227.179. If a plan
amendment is required as part of issuance of a permit, the
provisions of paragraph (b) of this subsection apply. The
department may not approve an operating permit and reclamation
plan if the land use application is denied.
  (b) Notwithstanding subsections (1) and (2) of this section, if
an application involves an aggregate site that requires amendment
to a comprehensive plan, as defined in ORS 197.015, and if the
local jurisdiction requests that the application not be decided
until the local jurisdiction has taken final action on the plan
amendment, the department may not make a final decision on the
operating permit and reclamation plan until the local
jurisdiction has taken final action on the plan amendment. The
department shall make its final decision within 45 days of the
date that the local jurisdiction has taken final action on the
plan amendment. The department may not approve an operating
permit and reclamation plan if the plan amendment is denied.
  (4) Conditions and requirements imposed on an operating permit
and reclamation plan, and modifications thereto, issued
subsequent to issuance of a local jurisdiction permit shall be
compatible with the requirements and conditions of the local
government permit, unless more stringent requirements are
necessary to comply with the provisions of ORS 517.750 to
517.901.
  (5) If a local jurisdiction does not request that the
department delay a decision on an operating permit and
reclamation plan as provided in subsection (3) of this section,
the department shall:
  (a) Give the local jurisdiction { +  notice of + } the
opportunity to review and comment on the application  { - ;
and - }  { + . The department shall specify in the notice a time
period for the local jurisdiction to review and comment on the
application. The local jurisdiction must review and comment on
the application within that time period. + }
  (b) Notify the local jurisdiction of the decision and
requirements and conditions imposed by the department.
  (6) If the department refuses to approve a submitted
reclamation plan, it shall notify the applicant, in writing, of
its reasons for the refusal to approve the reclamation plan,
including additional requirements as may be prescribed by the
department for inclusion in the reclamation plan. Within 60 days
after the receipt of the notice, the applicant shall comply with
the additional requirements prescribed by the department for the
reclamation plan or file with the department a notice of appeal
from the decision of the department with respect to the
reclamation plan. If a notice of appeal is filed with the
department by the applicant, the department may issue a
provisional permit to the applicant.
  (7) If an application is submitted as part of the consolidated
application process under ORS 517.952 to 517.989, review of the
application and approval or denial of the application shall be in
accordance with ORS 517.952 to 517.989.  However, the review and
approval or denial shall take into consideration all policy
considerations for issuing a permit under ORS 517.702 to 517.989.
  SECTION 3. ORS 517.862 is amended to read:
  517.862. (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.
   { +  (f) Fails to comply with any conditions of the operating
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 and
reclaim the area affected by surface mining.
   { +  (5) By rule the governing board of the State Department
of Geology and Mineral Industries shall establish procedures for
public participation in the process of the renewal of operating
permits. Before the department renews an operating permit, the
department shall consider any comments received under ORS 517.830
(1)(c) pursuant to the process for public participation
established by rules of the governing board. + }
  SECTION 4.  { + (1) In addition to any other penalty provided
by law, the State Board of Geology and Mineral Industries shall
adopt by rule a schedule establishing the amount of civil penalty
that may be imposed for a particular violation of ORS 517.750 to
517.901. A civil penalty may not exceed $___ per day.
  (2) In imposing a civil penalty pursuant to the schedule
authorized by this section, the governing board of the State
Department of Geology and Mineral Industries shall consider:
  (a) The impact of the violation on public health and safety;
  (b) The alleged violator's cooperativeness and effort to
correct the violation; and
  (c) Any other factors determined by the governing board to be
relevant.
  (3) A civil penalty under this section shall be imposed as
provided in ORS 183.745.
  (4) Civil penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund and are
available for general governmental expenses. + }
  SECTION 5.  { + (1) The State Department of Geology and Mineral
Industries shall undertake a study of issues related to the
department's cooperation with other state agencies concerning the
provisions of ORS 517.750 to 517.901, including but not limited
to a study of cooperation under ORS 517.795, 517.797 and 517.835.
  (2) The department shall report the results of the study to the
interim committees of the Legislative Assembly related to
environment and natural resources on or before November 1,
2013. + }
  SECTION 6.  { + (1) Except as provided in subsection (2) of
this section, section 4 of this 2013 Act and the amendments to
ORS 517.790, 517.830 and 517.862 by sections 1 to 3 of this 2013
Act become operative on November 1, 2013.
  (2) The governing board of the State Department of Geology and
Mineral Industries may adopt rules before the operative date
specified in subsection (1) of this section, or take any other
action before the operative date specified in subsection (1) of
this section, that is necessary to implement, on or after the
operative date specified in subsection (1) of this section,
section 4 of this 2013 Act and the amendments to ORS 517.790,
517.830 and 517.862 by sections 1 to 3 of this 2013 Act.
  (3)(a) The amendments to ORS 517.790 by section 1 of this 2013
Act apply to operating permits first applied for, or renewed, on

or after the operative date specified in subsection (1) of this
section.
  (b) The amendments to ORS 517.830 by section 2 of this 2013 Act
apply to applications for operating permits received by the State
Department of Geology and Mineral Industries on or after the
operative date specified in subsection (1) of this section.
  (c) The amendments to ORS 517.862 by section 3 (5) of this 2013
Act apply to operating permits renewed on or after the operative
date specified in subsection (1) of this section.
  (d) Section 4 of this 2013 Act applies to conduct occurring on
or after the operative date specified in subsection (1) of this
section. + }
  SECTION 7.  { + Section 5 of this 2013 Act is repealed on
January 2, 2015. + }
  SECTION 8.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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