(2)(a) Annually on the anniversary date of an operating permit, each holder of an operating permit shall pay to the State Department of Geology and Mineral Industries a renewal fee established by the State Geologist in an amount not less than $2,500.
(b) In addition to the fee prescribed in paragraph (a) of this subsection, the department may charge an amount not to exceed $1,200 for inspections made at sites if the surface mining is:
(A) Conducted without the permit required by ORS 517.790;
(B) Abandoned; or
(C) Conducted in an area not described in the surface mining permit.
(3) Subject to the provisions of subsection (5) of this section, the prospective applicant or applicant shall pay all expenses incurred by the department and the permitting and cooperating agencies related to the consolidated application process under ORS 517.952 to 517.989. These expenses may include legal expenses, expenses incurred in processing and evaluating the consolidated application, issuing a permit or final order and expenses of hiring a third party contractor under ORS 517.979 and 517.980.
(4) If the costs exceed the fee, the prospective applicant or applicant shall pay any excess costs shown in an itemized statement prepared by the department. The department and permitting and cooperating agencies may not incur evaluation expenses in excess of 110 percent of the fee initially paid unless the department provides prior notification to the prospective applicant or applicant and a detailed projected budget the department believes necessary to complete the process or a portion of the process under ORS 517.952 to 517.989. If the actual costs are less than the fee paid, the department shall refund the excess to the prospective applicant or applicant.
(5) All expenses incurred by the department and the permitting and cooperating agencies under ORS 517.952 to 517.989 that are charged to or allocated to the fee paid by a prospective applicant or an applicant shall be necessary, just and reasonable. Upon request, the department shall provide a detailed justification for all charges to the prospective applicant or applicant. [1991 c.735 §13a; 2013 c.371 §18; 2020 s.s.2 c.4 §5]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 517 - Mining and Mining Claims
Section 517.005 - Legislative findings.
Section 517.010 - Location of mining claims upon veins or lodes.
Section 517.044 - Location of claims upon placer deposits; posting notice.
Section 517.046 - Marking boundaries of claim or locating by legal subdivisions.
Section 517.065 - Effect of noncompliance with law in locating claim.
Section 517.120 - Definitions for ORS 517.120 to 517.133.
Section 517.123 - Legislative findings.
Section 517.125 - Rules to be adopted in consultation with affected parties.
Section 517.128 - Restricting access to open mining area or mining claim prohibited.
Section 517.130 - Mineral trespass.
Section 517.133 - Interfering with a mining operation.
Section 517.135 - Exemption from crimes of mineral trespass and interfering with a mining operation.
Section 517.160 - Location of nonmineral land as millsite; notice; fee.
Section 517.180 - Procedure for extinguishing dormant mineral interest.
Section 517.210 - Recording affidavit of annual compliance.
Section 517.430 - Use of timber by lessee.
Section 517.702 - Legislative findings.
Section 517.715 - Exemptions from permit requirement.
Section 517.725 - Department inspection of exploration site.
Section 517.730 - Drill hole or well abandonment; rules.
Section 517.750 - Definitions for ORS 517.702 to 517.989.
Section 517.755 - Mining operations affecting more than five acres.
Section 517.770 - Exemptions from reclamation requirements.
Section 517.780 - Effect on county zoning laws or ordinances; rules; certain operations exempt.
Section 517.795 - Department to consult with and cooperate with other agencies.
Section 517.797 - Memorandum of agreement with Department of State Lands regarding permitting.
Section 517.800 - Fees; rules; annual report.
Section 517.810 - Requirement for bond or security; rules; other security in lieu of bond.
Section 517.813 - Reclamation Guarantee Fund.
Section 517.815 - Reclamation bond pooling program; requirements; rules.
Section 517.825 - Mining aggregate on high-value farmland; requirements; rules.
Section 517.832 - Emergency operating permit; rules.
Section 517.833 - Transfer of operating permit; rules.
Section 517.834 - Temporary operating permit; rules.
Section 517.836 - Surveying or marking surface mining operations; rules.
Section 517.840 - Administration and enforcement of ORS 517.702 to 517.989; rules.
Section 517.855 - Disruption of portion of mining property preserved from mining.
Section 517.862 - Revocation, termination or refusal to renew operating permit.
Section 517.905 - Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951.
Section 517.910 - Definitions for ORS 517.910 to 517.989.
Section 517.951 - Legislative intent not to assume exclusive jurisdiction.
Section 517.952 - Definitions for ORS 517.952 to 517.989.
Section 517.956 - Requirements for mining operations; rules.
Section 517.963 - Department duties upon receipt of notice of intent.
Section 517.965 - Project coordinating committee.
Section 517.967 - Technical review team.
Section 517.971 - Consolidated application.
Section 517.973 - Fees; payment of expenses of department and permitting and cooperating agencies.
Section 517.978 - Review of application; additional information.
Section 517.982 - Final permits; permit conditions submitted by cooperating agencies.
Section 517.983 - Consolidated contested case hearing; judicial review; stay of permit.
Section 517.984 - Modification of permit; project coordinating committee.
Section 517.989 - Rules applicable to consolidated application.