(2) Subject to ORS 153.022, violation of any provision of ORS 517.750 to 517.901, 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, violation of ORS 517.910 to 517.989, 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 to 517.989 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 to 517.901; 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, or risk of serious physical injury, as defined in ORS 161.015, 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]
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.