(1) Notwithstanding ORS 517.810, for the purposes of ORS 517.905 to 517.951 the bond or security deposit required shall not exceed $10,000 per acre of land to be surface mined under the terms of the operating permit.
(2) The State Department of Geology and Mineral Industries may increase the amount of the bond or security required under subsection (1) of this section to an amount not to exceed the lower of actual cost of reclamation or $100,000 per acre of land to be mined under the terms of the operating permit if the operating permit applies to extraction, processing or beneficiation techniques the result of which:
(a) Will increase the concentration of naturally occurring hazardous or toxic metals and minerals identified by the governing board of the State Department of Geology and Mineral Industries under ORS 517.840 to a significantly higher level than that occurring naturally within the permitted site; and
(b) Is reasonably likely to present a threat to public health, safety or the environment.
(3) The increased bond or security deposit under subsection (2) of this section may be required only when the department determines that a threat to surface or subsurface waters is reasonably likely to exist as a result of the permitted activity. [1981 c.622 §10; 1985 c.292 §15; 1989 c.461 §3; 1995 c.79 §298; 2007 c.318 §24]
Section: Previous 517.925 517.930 517.935 517.940 517.945 517.947 517.949 517.950 517.951 517.952 517.953 517.954 517.955 517.956 517.957 NextLast modified: August 7, 2008