Or. Admin. Code § 141-140-0080

Current through Register Vol. 63, No. 10, October 1, 2024

Section 141-140-0080 - General Terms and Conditions

(1) The Department shall only offer a standard form of temporary use authorization or ocean renewable energy lease that has been approved by the Department of Justice.

(2) An ocean renewable energy facility lease issued under these rules shall require approval by the State Land Board.

(3) Unless otherwise approved by the Director, the term of a temporary use authorization shall not be more than five calendar years.

(4) Unless otherwise approved by the State Land Board, the term of an ocean renewable energy facility lease shall not be more than 30 years.

(5) Temporary use authorizations and ocean renewable energy facility leases shall be offered by the Department for an authorized area that is the minimum amount of area determined by the Department to be required for the proposed ocean renewable energy facility.

(6) The applicant shall have 60 calendar days from the date of offer to execute a temporary use authorization or ocean renewable energy facility lease with the Department. The Department may revoke the offer after 60 calendar days, at which time the applicant may re-apply for an authorization in accordance with the provisions of these rules.

(7) The holder shall:

(a) Take all reasonable precautions to protect persons, property and equipment from harm; and

(b) Dispose of all waste in a proper manner and shall not permit debris, garbage or other refuse to either accumulate within the authorized area or be discharged into any waters of the state; and

(c) Conduct all operations within the authorized area in a manner that conserves fish and wildlife habitat and protects marine water and air quality pursuant to the requirements of Statewide Planning Goal 19; and

(d) Maintain all structures and improvements located within the authorized area in a good state of repair.

(8) A holder may request the Department to temporarily close all or portions of the authorized area to the public, or to cooperate with other state and federal agencies to accomplish such a closure. However, the issuance of a temporary use authorization or an ocean renewable energy facility lease does not, by itself, grant the holder the right to use the authorized area to the exclusion of other public uses. A regulated navigation area, or safety and security zone established by the United States Coast Guard does not require a closure or restriction to be established through the Department.

(9) The Department and its authorized representative(s) shall have the right to enter into and upon the authorized area at any time for any purpose.

(10) The Department shall require that an applicant for a temporary use authorization or an ocean renewable energy facility lease present evidence to the Department prior to commencing the use that they have obtained:

(a) All authorizations required by applicable local, state and federal entities to undertake the proposed use; and

(b) Any authorization that may be required to obtain access to, or cross land belonging to a person other than that managed by the Department to undertake the use.

(11) Pursuant to ORS 274.873, the Department shall incorporate the terms and conditions of a removal or fill state permit required for the ocean renewable energy facility into any temporary use authorization or ocean renewable energy facility lease issued.

(12) A holder shall share any geologic and geophysical data, including bathymetry, backscatter, seismic reflection and sample data, generated by the holder regarding Oregon's Territorial Sea Floor with the State of Oregon.

(13) A holder shall initiate removal of all structures, excluding qualifying structures that lie at least one meter beneath submerged lands in the territorial sea, within 12 months after the permanent cessation of use of the facility. An authorization from the Department must remain in place until all required structures are removed.

(14) A holder shall complete removal of all structures, excluding anchors, cables and any other equipment that lies at least one meter beneath submerged lands in the territorial sea, within 24 months after the permanent cessation of use of the facility; or

(a) In limited instances, the Director may extend this deadline if the holder can show good cause and has undertaken a good faith effort to remove the required structures.

(15) A holder may be required to remove all structures that lie at least one meter beneath submerged lands in the territorial sea, if removal is deemed necessary by the Director, in consultation with the holder, and is permitted by the applicable requirements of federal regulatory agencies.

(16) The Department has the right to audit the records of a holder to ensure compliance with these rules and the terms and conditions of an authorization granted under the provisions of these rules. Additionally, a holder shall make their records available to Department staff or agents for such audit following receipt of a written request by the Department.

(17) The Department may terminate a temporary use authorization or lease if the development granted by the authorization has not commenced within two years of the date the authorization was granted. The Department shall notify the holder at least 30 calendar days prior to terminating the authorization.

(18) The Department may terminate a temporary use authorization or lease if the applicant has withdrawn their application, or been denied, authorizations required by applicable local, state and federal entities to undertake the proposed use. The Department shall notify the holder at least 30 calendar days prior to terminating the authorization.

(19) The holder shall indemnify the State of Oregon and the Department of State Lands against any claim, liability or costs arising from or related to an action by the holder. Such indemnification shall specifically include any release of a hazardous substance on or from the ocean renewable energy facility or physical damage caused by any part of the ocean renewable energy facility to persons or coastal structures.

Or. Admin. Code § 141-140-0080

DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07; DSL 5-2017, amend filed 12/28/2017, effective1/1/2018

Statutory/Other Authority: ORS 273, ORS 274, ORS 183 & ORS 274.870-879

Statutes/Other Implemented: ORS 274.870-879