1. (1) If a mine operator fails to comply with an order issued under ORS 517.860 or 517.880, the Department may perform the reclamation outlined in the reclamation plan to the extent possible given the condition of the site.
2. (2) The Department may perform alternative reclamation depending on site conditions.

3. (3) The Department may reclaim the site to:

   1. (a) Eliminate or minimize hazards to the health and safety of the public;
   2. (b) Eliminate or minimize any pollution or erosion or reestablish setbacks or buffers outside the excavation boundary;
   3. (c) Mitigate impacts to natural resources by enhancing wildlife habitat or restoring a drainage;
   4. (d) Be compatible with local agency regulations or an approved secondary beneficial use and with federal and state laws.

Statutory/Other Authority

ORS 517

Statutes/Other Implemented

ORS 517.800

History

DGMI 1-2009, f. & cert. ef. 5-15-09
DGMI 1-2000, f. & cert. ef. 7-20-00
DGMI 1-1999, f. & cert. ef. 1-7-99