(1) Notwithstanding ORS 517.810 and 517.830, the State Department of Geology and Mineral Industries may issue an emergency operating permit if:\n(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\n(b) A surface mining operation is necessary to abate the threat.\n(2) The governing board of the department shall adopt rules governing the issuance of emergency operating permits. The rules shall include provisions:\n(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;\n(b) Specifying the terms of an emergency operating permit;\n(c) Establishing procedures for converting an emergency operating permit to a standard operating permit; and\n(d) Establishing procedures for payment of fees under ORS 517.800. [2005 c.34 §3]
Oregon Legal Code