(1) A person who conducts a surface mining operation without a valid operating permit as required by ORS § 517.750 to 517.901 commits a Class A violation.

(2) Subject to ORS § 153.022, violation of any provision of ORS § 517.750 to 517.901, or any rules promulgated pursuant thereto, or of any conditions of an operating permit is a Class A violation.

(3) Subject to ORS § 153.022, violation of ORS § 517.910 to 517.989, or any rules promulgated pursuant thereto, or of any conditions of an operating permit for a nonaggregate surface mining operation is punishable, upon conviction, by a fine of not more than $10,000.

(4) Notwithstanding any other provision of the law, a person who conducts a nonaggregate surface mining operation without a valid operating permit as required by ORS § 517.910 to 517.989 shall be punished, upon conviction, by a fine of not more than $10,000.

(5) A person commits a violation subject to a fine of not more than $10,000 if the person knowingly or recklessly causes substantial harm to human health or the environment while:

(a) Conducting a surface mining operation without a valid operating permit as required by ORS § 517.750 to 517.901; or

(b) Violating an operating permit, a reclamation plan, a provision of this chapter or any rule adopted by the State Department of Geology and Mineral Industries to carry out the provisions of this chapter.

(6) For purposes of this section, ‘substantial harm to human health or the environment’ means:

(a) Physical injury, as defined in ORS § 161.015, or risk of serious physical injury, as defined in ORS § 161.015, to humans; or

(b) Substantial damage to wildlife, plants, aquatic and marine life, habitat or stream buffers. [Amended by 1953 c.188 § 2; subsection (3) enacted as 1957 c.580 § 11; 1971 c.743 § 398; subsection (4) enacted as 1971 c.719 § 18; subsections (5) and (6) enacted as 1981 c.622 § 14; 1985 c.292 § 1; 1987 c.260 § 4; 1993 c.742 § 115; 1999 c.1051 § 196; 2007 c.318 § 13; 2013 c.371 § 25]