(1) The following mining operations are exempt from the reclamation requirements set forth in ORS § 517.702 to 517.989:

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(a) Lands within the surfaces and contours of surface mines in existence on July 1, 1972, or vertical extensions of those surfaces and contours, provided that the State Department of Geology and Mineral Industries issued a certificate of exemption to the mining operation on or before October 31, 2000.

(b) Lands within the surfaces and contours of surface mines in existence on July 1, 1972, or vertical extensions of those surfaces and contours, provided that:

(A) The surface mining operations at the site were allowed under a comparable certificate of exemption that was issued by a county and current on the date of repeal of a county zoning law or ordinance described in ORS § 517.780 (1); and

(B) The landowner or operator applies for and receives a certificate of exemption from the department. An application for a certificate of exemption must be filed with the department within 90 days after the date the county’s repeal of a zoning law or ordinance becomes effective. If the department does not approve or disapprove the application within 90 days after the date the application is filed with the department, the application will be deemed to be approved.

(c) Lands within the surfaces and contours of surface mining operations that are owned or operated by a person that, on July 1, 1972, was a party to a surface mining contract that was valid on January 1, 1971, provided that the department issued a certificate of exemption to the mining operation on or before September 20, 1985.

(2) A certificate of exemption terminates if the landowner or operator does not renew the certificate annually. [1971 c.719 § 15; 1973 c.709 § 1; 1975 c.724 § 2; 1985 c.292 § 5; 1987 c.260 § 2; 1987 c.361 1,1a; 1999 c.492 § 1; 2009 c.270 § 1]