(1)(a) Except for an application for a mining operation submitted under ORS § 517.910 to 517.989, each applicant for an operating permit under ORS § 517.702 to 517.989 shall pay to the State Department of Geology and Mineral Industries a fee established by the State Geologist in an amount not to exceed $2,000.

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(b) If an application for a new permit or an amendment to an existing permit requires extraordinary department resources because of concerns about slope stability or proximity to waters of the state or other environmentally sensitive areas, the applicant shall pay to the department an additional fee in an amount the State Geologist deems adequate to cover the additional costs for staff and other related expenses. The State Geologist shall consult with the applicant when determining the amount of the fee.

(2) A holder of an operating permit that did not extract minerals during the preceding 12-month period shall pay to the department an annual renewal fee of $1,200. A holder of an operating permit that extracted minerals during the preceding 12-month period shall pay to the department an annual renewal fee of $1,460 and $0.0125 per ton of minerals extracted during the preceding 12-month period.

(3) If a reclamation plan is changed, the operator may be assessed for staff time and other related costs an amount not to exceed $2,000 in addition to the annual renewal fee. This subsection does not apply to a mining operation that is subject to the fee established by ORS § 517.973 (2)(a).

(4) If an operator requests that the department respond to requests for information required by a local government in making a land use planning decision, the State Geologist may require the operator to pay the department a fee for staff time and related costs. The department shall notify the operator in advance of the estimated costs of providing the information, and the assessment may not exceed the estimate.

(5) The State Geologist may require the operator of a site to pay to the department a special inspection fee in an amount not to exceed $2,000 for an inspection conducted under the following circumstances:

(a) Investigation of surface mining operations conducted without the operating permit required under ORS § 517.790; or

(b) Investigation of surface mining operations conducted outside the area authorized in an operating permit.

(6) Upon request of an applicant or operator, the department shall provide an itemized list and documentation of expenses used to determine a fee under subsection (1)(b), (3) or (4) of this section.

(7) Notwithstanding the per ton fee established in subsection (2) of this section, the governing board of the department may lower to zero or raise the per ton fee up to $0.015 to reflect actual expenses of the department in administering ORS § 517.702 to 517.951.

(8) All fees collected by the department under this section shall be deposited in the Mined Land Regulation and Reclamation Program Subaccount within the Geology and Mineral Industries Account. The department shall prepare and submit to the governing board of the department an annual report on the financial status of the Mined Land Regulation and Reclamation Program Subaccount.

(9) The governing board of the department shall adopt rules establishing:

(a) Procedures for the administrative review of the determinations of fees under this section.

(b) The payment date for fees required under this section.

(c) Late fees of up to five percent of the unpaid amount of a fee owed under this section if the fee is more than 60 days past due. [1971 c.719 § 7; 1973 c.709 § 3; 1977 c.524 § 2; 1979 c.435 § 2; 1981 c.274 § 1; 1983 c.88 § 1; 1985 c.292 § 8; 1987 c.598 § 1; 1989 c.346 § 1; 1991 c.735 § 28; 1993 c.399 § 1; 1995 c.79 § 297; 1997 c.62 § 1; 1999 c.353 § 4; 2003 c.520 § 1; 2005 c.650 1,1a; 2007 c.318 § 16; 2013 c.371 § 29; 2015 c.834 § 3; 2020 s.s.2 c.4 § 4]