(1) A person who by sale, assignment, lease or other means has succeeded in interest to an uncompleted surface mining operation may request that the State Department of Geology and Mineral Industries release the existing operator from any reclamation obligations and transfer the operating permit to the successor. The department shall transfer the operating permit, unless: (a) The successor does not agree to full assumption of the reclamation requirements in the operating permit and reclamation plan; (b) The successor fails to provide a bond or security as required by ORS 517.810; (c) More than one person has a claim to the property or operating permit and there is a dispute between the claimants that presents a justiciable controversy; or (d) The successor, as the operator of another permitted site in this state, has failed to substantially comply with the conditions of an operating permit or reclamation plan, the provisions of ORS 517.702 to 517.989 or the rules adopted by the department to carry out the purposes of ORS 517.702 to 517.989. (2) The governing board of the State Department of Geology and Mineral Industries may adopt rules relating to the responsibilities and duties of a person requesting a transfer of an operating permit under this section.
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