Or. Admin. Code § 632-037-0105

Current through Register Vol. 63, No. 10, October 1, 2024

Section 632-037-0105 - Consolidated Public Hearing; Final Permits

(1) Within 15 days of receiving all draft permits and the completion of its draft operating permit, the Department shall issue public notice of the date and location of a consolidated public hearing and period for written comment on all permits.

(2) A consolidated public hearing shall occur not sooner than 45 days and not later than 60 days after the Department issues a public notice under section (1) of this rule.

(3) At least seven days before the issuance of a final operating permit, each cooperating agency shall submit to the Department:

(a) Written concurrence or non-concurrence with the terms and conditions of the final operating permit as such pertain to the statutory authority of each cooperating agency; and

(b) Permit conditions within the expertise and authority of the cooperating agency.

(4) The Department shall not issue a permit until each cooperating agency has concurred with the terms and conditions of the permit as such pertain to the statutory responsibility of each cooperating agency.

(5) The Department shall include permit conditions submitted by a cooperating agency as conditions on the Department's final operating permit.

(6) If the Department finds that a proposed permit condition imposed by a cooperating agency creates a conflict between permits, the technical review team shall resolve the conflict.

(7) Based on information received at a consolidated public hearing and within 45 days of the hearing, or within the time period required by applicable federal law, whichever is sooner, each permitting agency shall approve, deny or modify the agency's permit with conditions necessary to ensure that the mining operation allowed under a permit complies with the applicable standards and requirements.

(8) Each other permitting agency shall notify the Department of the issuance of final permits. The Department shall provide public notice of the issuance of final permits.

(9) Notwithstanding any other provisions of law, the Department and any other permitting agency shall take final action to issue or deny a permit subject to the consolidated application process within one year after issuance of a notice to proceed. However, with the concurrence of the applicant, the processing of the application may be suspended for a period of time to allow the applicant to resolve issues having a bearing on, or necessary to any permitting agency's decision on whether to issue or deny a permit.

Or. Admin. Code § 632-037-0105

GMI 2-1991, f. & cert. ef. 10-11-91; DGMI 1-2014, f. & cert. ef. 4-2-14

Stat. Auth.: ORS 517.750 - 517.995

Stats. Implemented: ORS 517.981