ORS 517.973: Fees; payment of expenses of department and permitting and cooperating agencies.

(1) In addition to any permit fee required by any other permitting agency, each notice of intent to submit a consolidated application under ORS 517.961 must be accompanied by an initial fee established by the State Geologist in an amount not to exceed $10,000. (2)(a) Annually on the anniversary date of an operating permit, each holder of an operating permit shall pay to the State Department of Geology and Mineral Industries a renewal fee established by the State Geologist in an amount not less than $2,500. (b) In addition to the fee prescribed in paragraph (a) of this subsection, the department may charge an amount not to exceed $4,000 for inspections made at sites if the surface mining is: (A) Conducted without the permit required by ORS 517.790; (B) Abandoned; or (C) Conducted in an area not described in the surface mining permit. (3) Subject to the provisions of subsection (5) of this section, the prospective applicant or applicant shall pay all expenses incurred by the department and the permitting and cooperating agencies related to the consolidated application process under ORS 517.952 to 517.989. These expenses may include legal expenses, expenses incurred in processing and evaluating the consolidated application, issuing a permit or final order and expenses of hiring a third party contractor under ORS 517.979 and 517.980. (4) If the costs exceed the fee, the prospective applicant or applicant shall pay any excess costs shown in an itemized statement prepared by the department. The department and permitting and cooperating agencies may not incur evaluation expenses in excess of 110 percent of the fee initially paid unless the department provides prior notification to the prospective applicant or applicant and a detailed projected budget the department believes necessary to complete the process or a portion of the process under ORS 517.952 to 517.989. If the actual costs are less than the fee paid, the department shall refund the excess to the prospective applicant or applicant. (5) All expenses incurred by the department and the permitting and cooperating agencies under ORS 517.952 to 517.989 that are charged to or allocated to the fee paid by a prospective applicant or an applicant shall be necessary, just and reasonable. Upon request, the department shall provide a detailed justification for all charges to the prospective applicant or applicant. [1991 c.735 §13a; 2013 c.371 §18; 2020 s.s.2 c.4 §5; 2025 c.601 §4]