Or. Admin. Code § 632-037-0140

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

Section 632-037-0140 - Obtaining Financial Security Release

(1) Upon completion of full reclamation, the permittee shall submit to the Department a written request for the release of its financial security.

(2) If a permittee has conducted concurrent reclamation or partial reclamation following the cessation of mine operations, the request for release of financial security must include an estimate of the percentage of reclamation done to date and the corresponding percentage of reclamation funds that the permittee believes should be released. A bond release or reduction request must state in unambiguous terms all measures taken to reclaim the site and any problems or potential problems that may inhibit reclamation in accordance with permit requirements. The Department shall consider any such problems in determining the appropriate level of financial security to be maintained.

(3) Upon receipt of a request to release financial security, the Department shall:

(a) Issue a public notice in accordance with OAR 632-037-0030; and

(b) Distribute the request to each permitting and cooperating agency, members of the public who participated in any hearing or written comment period under these rules, and to any person who requests such notification.

(4) No sooner than 60 days after taking the actions required under section (3) of this rule, the Department shall conduct an informal public hearing to determine whether to allow the release or reduction of the financial security.

(5) The Department may require security or an annuity for post-reclamation monitoring and care to be paid before final release of the financial security. The Department shall determine the amount of the security or annuity and distribute the proposal to all permitting and cooperating agencies. After considering the comments of such agencies, the Department shall set the amount of the security or annuity and notify the permittee.

Or. Admin. Code § 632-037-0140

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 517.987