ORS 517.865
Effect of failure to perform reclamation and insufficient bond

  • lien
  • notice
  • priority
  • foreclosure

(1)

If an operator fails to faithfully perform the reclamation required by the reclamation plan and if the bond or security required by ORS 517.810 (Requirement for bond or security) is not sufficient to compensate the State Department of Geology and Mineral Industries for all reasonably necessary costs and expenses incurred by it in reclaiming the surface-mined land, the amount due shall be a lien in favor of the department upon all property, whether real or personal, belonging to the operator. However, for any operator that is first issued a permit after June 30, 1989, the lien shall not exceed $2,500 for each site plus $1,500 per acre.

(2)

The lien shall attach upon the filing of a notice of claim of lien with the county clerk of the county in which the property is located. The notice of lien claim shall contain a true statement of the demand, the insufficiency of the bond or security to compensate the department and the failure of the operator to perform the reclamation required.

(3)

The lien created by this section is prior to all other liens and encumbrances, except that the lien shall have equal priority with tax liens.

(4)

The lien created by this section may be foreclosed by a suit in the circuit court in the manner provided by law for the foreclosure of other liens on real or personal property. [1975 c.724 §8; 1983 c.497 §3; 1985 c.291 §4; 1987 c.361 §7; 1999 c.492 §6; 2007 c.318 §19]

Source: Section 517.865 — Effect of failure to perform reclamation and insufficient bond; lien; notice; priority; foreclosure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html.

517.005
Legislative findings 517.010
Location of mining claims upon veins or lodes 517.030
Recording copy of location notice 517.040
Abandoned claims 517.042
“Legal subdivision” defined for ORS 517.042 to 517.052 517.044
Location of claims upon placer deposits 517.046
Marking boundaries of claim or locating by legal subdivisions 517.052
Recording copy of location notice 517.060
Correcting defective notice of location 517.065
Effect of noncompliance with law in locating claim 517.070
Certain locations subject to prior rights 517.080
Mining claims as realty 517.090
Application to claims of law governing transfers and mortgages of realty 517.100
Sums payable on redemption of claim 517.110
Grubstaking contracts 517.120
Definitions for ORS 517.120 to 517.133 517.123
Legislative findings 517.125
Rules to be adopted in consultation with affected parties 517.128
Restricting access to open mining area or mining claim prohibited 517.130
Mineral trespass 517.133
Interfering with a mining operation 517.135
Exemption from crimes of mineral trespass and interfering with a mining operation 517.140
Legislative findings 517.160
Location of nonmineral land as millsite 517.170
Policy 517.180
Procedure for extinguishing dormant mineral interest 517.210
Recording affidavit of annual compliance 517.220
Affidavit or lack thereof as evidence 517.230
Performance of assessment work by co-owners 517.240
Failure of co-owner to contribute 517.250
Form of notice 517.260
Notice 517.270
Vesting of interest of delinquent co-owner 517.280
Certificate of ownership 517.290
Fee for certificate 517.300
Effect of certificate 517.310
Recording and indexing certificate 517.320
Counteraffidavits of delinquent owner 517.330
Accounting for fees 517.430
Use of timber by lessee 517.440
Lessee, licensee, or operator of mine deemed bailee of yield until payment of lessor and workers 517.702
Legislative findings 517.705
Exploration permit 517.710
Fees 517.715
Exemptions from permit requirement 517.720
Persons with operating permit exempted 517.725
Department inspection of exploration site 517.730
Drill hole or well abandonment 517.735
Exploration on land administered by Department of State Lands 517.740
Rules 517.750
Definitions for ORS 517.702 to 517.989 517.753
Exclusion certificate required for certain small-scale surface mining operations 517.755
Mining operations affecting more than five acres 517.760
Policy 517.770
Exemptions from reclamation requirements 517.775
Permit fee for certain landowners and operators 517.780
Effect on county zoning laws or ordinances 517.790
Operating permit required for surface mining on certain lands 517.795
Department to consult with and cooperate with other agencies 517.797
Memorandum of agreement with Department of State Lands regarding permitting 517.800
Fees 517.810
Requirement for bond or security 517.813
Reclamation Guarantee Fund 517.815
Reclamation bond pooling program 517.820
Extensions of time for submission of proposed reclamation plans 517.825
Mining aggregate on high-value farmland 517.830
Operating permit approval process 517.831
Modification of operating permit or reclamation plan 517.832
Emergency operating permit 517.833
Transfer of operating permit 517.834
Temporary operating permit 517.835
Conditions on operating permit or reclamation plan to prevent impact on ground water 517.836
Surveying or marking surface mining operations 517.837
Annual report by permittee 517.840
Administration and enforcement of ORS 517.702 to 517.989 517.850
Inspection of permit area 517.855
Disruption of portion of mining property preserved from mining 517.860
Effect of failure to comply with operating permit or reclamation plan 517.862
Revocation, termination or refusal to renew operating permit 517.865
Effect of failure to perform reclamation and insufficient bond 517.870
Adjustment of bond or security of operator upon satisfactory completion of reclamation work 517.880
Order for suspension of surface mining operation operating without required permit 517.890
Review of final determination 517.901
Confidentiality of production records, mineral assessments and trade secrets 517.905
Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951 517.910
Definitions for ORS 517.910 to 517.989 517.915
Additional operating permit requirements for nonaggregate mineral mines 517.917
Activation of project coordinating committee 517.920
Permit application fees under ORS 517.910 to 517.989 517.925
Time limit for action on permit application 517.930
Department inspection 517.951
Legislative intent not to assume exclusive jurisdiction 517.952
Definitions for ORS 517.952 to 517.989 517.953
Policy 517.954
Application of ORS 517.952 to 517.989 517.956
Requirements for mining operations 517.957
Department coordination of activities of affected agencies 517.958
Compliance with preapplication process 517.959
Public notice requirements for ORS 517.952 to 517.989 517.961
Notice of intent to submit application 517.963
Department duties upon receipt of notice of intent 517.965
Project coordinating committee 517.967
Technical review team 517.969
Collection of baseline data 517.971
Consolidated application 517.973
Fees 517.975
Distribution of completed consolidated application 517.977
Preparation of draft permits 517.978
Review of application 517.979
Environmental evaluation 517.980
Socioeconomic impact analysis 517.981
Draft permit and permit conditions 517.982
Final permits 517.983
Consolidated contested case hearing 517.984
Modification of permit 517.985
Rulemaking 517.986
Time limit for final action on permit subject to consolidated application process 517.987
Reclamation bond or security 517.988
Permit conditions by State Department of Fish and Wildlife 517.989
Rules applicable to consolidated application 517.990
Criminal penalties 517.992
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 517.865’s source at oregon​.gov