(1) Notwithstanding ORS 517.810 and 517.830, the State Department of Geology and Mineral Industries may issue an emergency operating permit if: (a) A natural disaster, including but not limited to a flood or an earthquake, or the effects of a natural disaster threaten significant damage to property or to natural resources; and (b) A surface mining operation is necessary to abate the threat. (2) The governing board of the department shall adopt rules governing the issuance of emergency operating permits. The rules shall include provisions: (a) Ensuring that emergency operating permits are not issued over the objection of affected federal agencies or public bodies, as defined in ORS 174.109; (b) Specifying the terms of an emergency operating permit; (c) Establishing procedures for converting an emergency operating permit to a standard operating permit; and (d) Establishing procedures for payment of fees under ORS 517.800.
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