Or. Admin. Code § 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.
Notes
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.987
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