OAR 632-030-0010

In addition to the definitions provided in ORS 517.750 (Definitions for ORS 517.702 to 517.989), the following definitions apply to OAR 632-030-0005 (Purpose and Application of These Rules) through 632-030-0070 (Penalty Warning; Civil Penalty):


“Affected,” as used in ORS 517.750 (Definitions for ORS 517.702 to 517.989)(15)(a), means the disturbance by excavation or any other surface mining of any land surface during any stage of mineral production, or the covering of any land surface by surface mining refuse either by intentional placement, slope failure, or deposition of eroded materials.


“Aggregate” means crushed or uncrushed gravel, stone, rock, or sand of a quality typically used in concrete or road construction.


“A Period of 12 Consecutive Calendar Months,” as used in ORS 517.750 (Definitions for ORS 517.702 to 517.989)(15) and these rules, begins on the date surface mining begins.


“Complete Application” means an application that is determined to be complete by the Department that includes the appropriate fee, forms, and site characterization, operational and mine closure details, and other documentation required under this rule division.


“Compliance Order” means an order requiring compliance with an operating permit, reclamation plan, the Mined Land Reclamation Act, or the rules adopted thereunder as provided in ORS 517.860 (Effect of failure to comply with operating permit or reclamation plan) and OAR 632-030-0070 (Penalty Warning; Civil Penalty).


“Intensification” means a change of permitted mining activity over that approved by the local government that may warrant a reconsideration of the local government land-use decision, such as a significant increase in volume of production inside a mine permit boundary or the act of increasing the permit boundary. Intensification would not include an increase in the bonded area to be mined, within a larger area covered in the original operating permit.


“Limited Exemption Area” means land that is exempt from reclamation requirements under ORS 517.770 (Exemptions from reclamation requirements) and OAR 632-030-0017 (Limited Exemption).


“Mined Land Reclamation Act” or “Act” means the statutes codified at ORS 517.702 (Legislative findings) to 517.992 (Civil penalties).


“Permit Area” means the area covered by an operating permit issued by the Department and defined by boundaries submitted on a map acceptable to the Department under OAR 632-030-0015 (Information Requirements; Surveys; Marking). The permit area is generally a contiguous parcel and may include multiple excavation and/or processing areas. The permit area may include, but is not limited to, haul roads, buffers, setbacks, reclaimed areas, and areas used for the storage or disposition of any mine product or mine waste material from the surface mining operation, even though separate from the area of extraction. The permit area may be redefined by a permit amendment.


"Reclamation in a timely manner” means a schedule of reclamation based on mine progression and may require partial or concurrent reclamation where possible, considering the mine plan and available mineral resources or both. The Department may specify a timeframe within which reclamation must occur to protect adjacent natural resources.


“Substantial Modification” includes an intensification of, or a significant change in, mine operation or reclamation. For example, substantial modification includes mine dewatering if not previously permitted as part of the original mine plan or reclamation plan approval or mine operation activities that render the approved reclamation plan unattainable or infeasible to implement or accomplish.


“Suspension Order” means a written Department order to suspend mining operations issued under ORS 517.880 (Order for suspension of surface mining operation operating without required permit) and OAR 632-030-0040 (Maintaining an Operating Permit).
Last Updated

Jun. 8, 2021

Rule 632-030-0010’s source at or​.us