Mining and Mining Claims

ORS 517.835
Conditions on operating permit or reclamation plan to prevent impact on ground water

(1)

Notwithstanding ORS 517.831 (Modification of operating permit or reclamation plan), the State Department of Geology and Mineral Industries may require conditions on any new or existing surface mining operating permit or reclamation plan sufficient to prevent or mitigate off-site impacts to ground water resources from the removal of water from surface mining operations. The department may include ground water monitoring as one of the conditions.

(2)

The department shall consult with the operator and the Water Resources Department in assessing off-site impacts and in developing prevention or mitigation measures prior to imposing any conditions on an operating permit or reclamation plan pursuant to this section.

(3)

As used in this section, “mitigation” has the meaning given that term in ORS 517.952 (Definitions for ORS 517.952 to 517.989). [2003 c.470 §2; 2007 c.318 §9; 2013 c.371 §30]
Note: 517.835 (Conditions on operating permit or reclamation plan to prevent impact on ground water) was added to and made a part of 517.702 (Legislative findings) to 517.989 (Rules applicable to consolidated application) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
§§ 517.750 to 517.901

Notes of Decisions

Department of Geology and Mineral Industries is not vested with exclusive jurisdiction over environmental regulation of mining lands, for such regulation is centralized in Division of State Lands pursuant to [former] ORS 541.610. State ex rel Cox v. Hibbard, 31 Or App 269, 570 P2d 1190 (1977)

Atty. Gen. Opinions

Power of Department of Environmental Quality to regulate mining activities, (1972) Vol 35, p 1100

Law Review Citations

29 WLR 297 (1993)

Chapter 517

Atty. Gen. Opinions

Power of Department of Environmental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100

Law Review Citations

4 EL 370 (1974)

Source

Last accessed
Jun. 26, 2021

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