NY Env Conserv L § 23-2715 (2021)
2021 New York Laws ENV - Environmental Conservation Article 23 - Mineral Resources Title 27 - New York State Mined Land Reclamation Law 23-2715 - Financial Security for Reclamation.

§ 23-2715. Financial security for reclamation.1.  Before  the  department  may issue a permit, the applicant, unless   exempt, shall furnish financial security to ensure  the  performance  of   reclamation  as  provided in the approved mined land-use plan and naming   the state as beneficiary. Financial security shall be in the form  of  a   bond  from  a  corporate  surety  licensed to do business as such in the   state or any other form the department may deem acceptable. Any interest   accruing as a result of such security shall be the exclusive property of   the permittee.2. The department shall determine the amount, condition, and terms  of   the  financial  security.  The  amount shall be based upon the estimated   cost  of  reclaiming  the  affected  land,  which  shall  be  based   on   information   contained   in   the  permit  application  and  upon  such   information as an investigation by the department may disclose.3. The financial security shall remain in full force and effect  until   the  department  has  approved the reclamation. At the discretion of the   department, the permittee may secure the release of that portion of  the   financial  security  for  affected  land  on  which reclamation has been   completed and approved by the department.4. If the financial security shall for any reason be cancelled, within   thirty days after receiving notice thereof, the permittee shall  provide   a  valid  replacement  under  the  same  conditions as described in this   section. Failure to provide a replacement bond within such  period  may,   at   the  discretion  of  the  commissioner,  result  in  the  immediate   suspension of the mining permit by the department.5. If a permit is suspended or revoked, the department may require the   permittee to commence reclamation upon thirty days notice.6. If the permittee fails to commence or to complete  the  reclamation   as  required, the department may attach the financial security furnished   by the permittee. In any event, the full cost of completing  reclamation   shall  be  the  personal  liability  of  the permittee and/or the person   engaged in mining and the department, acting by  the  attorney  general,   may  bring  suit  to  recover  all  costs  to secure the reclamation not   covered by the financial security. The materials, machinery,  implements   and  tools of every description which may be found at the mine, or other   assets of the permittee and/or the person engaged  in  mining  shall  be   subject  to  a  lien  of  the  department  for  the  amount expended for   reclamation of affected lands and  shall  not  be  removed  without  the   written  consent  of  the department. Such lien may be foreclosed by the   attorney general in the same manner as a mechanic's lien.  Any  and  all   moneys  recovered  shall  be  deposited  in the environmental regulatory   account pursuant to section 72-1009 of this chapter.7. Political subdivisions, municipalities, the United States  and  any   of  its  agencies  and  agencies  of  the state shall be exempt from the   requirements of this section.