NY Env Conserv L § 23-0305 (2021)
2021 New York Laws ENV - Environmental Conservation Article 23 - Mineral Resources Title 3 - General Provisions 23-0305 - Powers and Duties of the Commissioner and the Department.

§ 23-0305. Powers and duties of the commissioner and the department.   1.  The  provisions  of  this  section  shall  apply  only  to  rules, regulations, orders and hearings made or conducted in the administration of this article.   2. No rule, regulation, order  or  amendment  thereof,  except  in  an emergency, shall be made by the department without a public hearing upon at  least ten days' notice, exclusive of the date of service. The public hearing shall be held at such time and place as may be prescribed by the department and any interested person shall be entitled to be heard.   3. When an emergency requiring immediate action is found to exist, the department may make an emergency order without notice or hearing,  which shall  be effective when made. No emergency order shall be effective for more than fifteen days.   4. Any  notice  required  by  this  article  shall  be  given  by  the department  by  any  one  or more of the following methods: (a) personal service, (b) publication in one or more issues of a newspaper of general circulation in the county where the land affected or some  part  thereof is  situated,  or (c) by registered or certified mail addressed, postage prepaid, to the last known mailing address  of  the  person  or  persons affected.  The  date  of  service shall be the date on which service was made in the case of personal service, the date of first  publication  in the  case  of notice by publication, and the date of mailing in the case of notice by mail.  The notice shall specify the style and number of the proceeding, the time and place of the hearing, and shall  briefly  state the  purpose  of  the  proceeding.  Should  the department elect to give notice by personal service, such service may  be  made  by  any  officer authorized  to  serve  process, or by any agent of the department in the same manner as is provided by law for the service of  process  in  civil actions in the courts of the state.   5.  All  rules, regulations and orders made by the department shall be in writing, shall be entered in full and indexed in books to be kept  by the  department  for  that purpose, and shall be public records open for inspection at all times during reasonable office hours. A  copy  of  any department  rule  or  regulation  shall  be  received in evidence in all courts of this state with the same effect as the original, if  certified by a member or duly authorized employee of the department.   6.  The department may act upon its own motion or upon the application of any interested person. On the filing of an application concerning any matter within the jurisdiction  of  the  department,  pursuant  to  this article, the department shall promptly fix a date for a hearing thereon, and shall cause notice of the hearing to be given. The hearings shall be held  without  undue  delay  after  the  filing  of  the  petition.  The department shall make its order within sixty days after  the  conclusion of the hearing.   7.  To aid in the administration of this article, the commissioner may issue subpoenas in his name  requiring  the  attendance  and  giving  of testimony  by  witnesses  and  the production of books, papers and other documentary  evidence  for  any  hearing,  proceeding  or  investigation conducted  or  to  be  conducted by or before the department. Service of such a subpoena, enforcement of obedience thereto,  and  punishment  for disobedience  thereof  shall be had as and in the manner provided by the Civil Practice Law and Rules  relating  to  enforcement  of  a  subpoena issued  by  a  board  or  committee except that in the case of hearings, proceedings or investigations before  or  conducted  by  the  department neither the holder of a permit or lease issued pursuant to this article, nor  an  employee  of  such  permit  holder or lessee, nor an officer or stockholder in a permittee  or  lessee  corporation,  when  required  to attend  as  a witness, shall be entitled to any subpoena fee or mileage.  Any member of the department or any person who may be designated by  the department  to  hold  hearings  may  administer  oaths to witnesses. The department also may provide for the taking of depositions  of  witnesses for the purpose of any such hearing. In such case such officer, employee or  other person may administer oaths to the witnesses whose depositions are to be taken.  Each  deposition  shall  be  reduced  to  writing  and subscribed  by  the  deponent.  The provisions of this subdivision shall apply only to the administration of this article.   8. With respect to oil pools  or  fields  and  natural  gas  pools  or fields, the department shall have power to:   a.  Make  such  investigations as it deems proper to determine whether waste exists or is imminent.   b. Require identification of ownership  of  producing  leases,  tanks, plants, structures and facilities for the transportation and refining of oil and gas.   c.  Classify and reclassify pools as oil or gas pools, or wells as oil or gas wells, including  the  delineation  of  boundaries  for  purposes material to the interpretation or administration of this article.   d. Require the drilling, casing, operation, plugging and replugging of wells  and  reclamation of surrounding land in accordance with rules and regulations of the department in such manner as to prevent or remedy the following, including but not limited to: the escape of oil,  gas,  brine or  water  out  of one stratum into another; the intrusion of water into oil or gas strata other than during enhanced  recovery  operations;  the pollution  of  fresh  water  supplies  by  oil, gas, salt water or other contaminants; and blowouts, cavings, seepages and fires.   e. Enter, take temporary possession of, plug or replug  any  abandoned well  as  provided  in  the rules and regulations, whenever any owner or operator neglects or refuses to comply with such rules and  regulations. Such plugging or replugging by the department shall be at the expense of the  owner  or  operator  whose  duty it may be to plug the well and who shall hold harmless the state of New York  for  all  accounts,  damages, costs  and judgments arising from the plugging or replugging of the well and the surface restoration of the affected land. Primary liability  for the  expense  of  such plugging or replugging and first recourse for the recovery thereof shall be to the operator  unless  a  contract  for  the production,  development,  exploration  or other working of the well, to which the lessor or other grantor of the oil and gas rights is a  party, shall  place  such  liability  on  the  owner or on the owner of another interest in the land on which the well is  situated.  When  an  operator violates   any  provision  of  this  article,  any  rule  or  regulation promulgated  thereunder,  or  any  order  issued  pursuant  thereto   in reference  to plugging or replugging an abandoned well, the operator may not transfer the operator's responsibility therefor by surrendering  the lease.  Prior  to the commencement of drilling of any well, the operator shall be  required  to  furnish  to  the  department,  and  continuously maintain,  a  bond  acceptable to it conditioned upon the performance of said operator's plugging responsibilities with  respect  to  said  well. Upon  the approval of the department, in lieu of such bond, the operator may deposit cash or negotiable bonds of the United States Government  of like  amount  in  an  escrow account conditioned upon the performance of said operator's plugging responsibilities with respect to said well. Any interest accruing as a result of the aforementioned escrow deposit shall be the exclusive property of the operator.  The  aforementioned  bonding requirements  shall  remain  the  obligation  of  the  original operator regardless of changes in operators  unless  a  subsequent  operator  has furnished   the  appropriate  bond  or  substitute  as  herein  provided acceptable to the department and approval for the transfer of  the  well  plugging responsibilities to the subsequent operator has been granted by the  department. The failure of any operator to maintain a bond or other financial security as prescribed herein shall  be  deemed  a  breach  of plugging  responsibilities  and  entitle  the  department  to  claim the proceeds of the bond or other financial security. The cost  of  plugging or  replugging  any  well, where such action is necessary or incident to the commencing or carrying on of storage operations pursuant to  section 23-1103  or  23-1301  shall  be  borne  by  the  operator of the storage facility.   f. Require that every person who produces, sells, purchases, acquires, stores or injects oil or gas and associated fluids and every person  who transports oil or gas in this state shall keep and maintain complete and accurate  records  of  the  quantities thereof. Quantities of associated fluids injected or produced may be reported as estimated  volumes.  True copies  or  duplicates  shall  be kept or made available for examination within this state by the department or  its  agents  at  all  reasonable times  and every such person shall file with the department such reports concerning  production,  sales,  purchases,   acquisitions,   injection, transportation  or  storage  on  a  form  provided  by the department or approved by the department prior to submittal.   g. In addition to the powers provided for in titles 1, 3, 5 and 13  of article  71,  order  an  immediate  suspension of drilling or production operations whenever such operations are being carried on in violation of this article or any rule or regulation promulgated thereunder  or  order issued pursuant thereto. Any order issued pursuant to this paragraph may be  reviewed upon application of an aggrieved party by means of an order to show cause which order shall be issued by any justice of the  supreme court  in  the judicial district in which any order applies and shall be returnable on the third succeeding business day following  the  issuance of  such  order. Service of such show cause order shall be made upon the regional office of the department for the region  in  which  such  order applies,  and  upon the attorney general by delivery of such order to an assistant attorney general at an office of the attorney general  in  the county in which venue of the proceeding is designated, or if there is no office  of the attorney general within such county, at the office of the attorney general nearest such county. Except as  hereinabove  specified, the proceeding to review an order under this paragraph shall be governed by article seventy-eight of the civil practice law and rules.   h.  Require  the  immediate  reporting  of  any  non-routine  incident including but not limited to casing  and  drill  pipe  failures,  casing cement  failures,  fishing  jobs,  fires,  seepages,  blowouts and other incidents during drilling, completion, producing, plugging or replugging operations that may affect the health, safety, welfare  or  property  of any  person.  The  department  may  require  the  operator, or any agent thereof, to record any data which the  department  believes  may  be  of subsequent use for adequate evaluation of a non-routine incident.   i.  Require  the  taking  and  making  of  well  logs,  well  samples, directional surveys  and  reports  on  well  locations  and  elevations, drilling  and  production,  and further require their filing pursuant to the provisions of this article. Upon the request of the state geologist, the department shall cause such duplicate samples or copies  of  records and  reports as may be required pursuant to this article to be furnished to him.   j. Give notice to persons engaged in underground mining operations  of the  commencement  of  any phase of oil or gas well operations which may affect the safety of such underground mining operations or of the mining properties  involved.  Rules  and  regulations  promulgated  under  this article  shall  specify  the distance from underground mining operations  within which such notice shall be given and  shall  contain  such  other provisions  as  in  the judgment of the department shall be necessary in the interest of safety. The department shall not be required to  furnish any  notice  required  by  this  paragraph  unless the person or persons engaged in underground mining operations  or  having  rights  in  mining properties have notified the department of the existence and location of such underground mining operations or properties.   k.  (1)  Except as to production of gas from lands under the waters of Lake Erie, in order  to  satisfy  the  financial  security  requirements contained  in  paragraph  e  of this subdivision for wells less than six thousand feet in depth for which the department either shall have issued or shall issue permits to drill such wells or, on or after  June  fifth, nineteen  hundred  seventy-three,  shall have issued acknowledgements of notices of intention to drill such wells, without any way affecting  any obligations  to  plug  such  wells, the operator shall provide a bond or other financial security acceptable to the department in  the  following amount:  (i) for wells less than two thousand five hundred feet in depth:  (a)  twenty-five  hundred dollars per well, provided that the operator shall not be required to provide  financial  security  under  this  item exceeding twenty-five thousand dollars for up to twenty-five wells;  (b)  for twenty-six to fifty wells, twenty-five thousand dollars, plus twenty-five hundred dollars per well in  excess  of  twenty-five  wells, provided  that  the  operator shall not be required to provide financial security under this item exceeding forty thousand dollars;  (c) for fifty-one to one hundred wells, forty thousand  dollars,  plus twenty-five  hundred dollars per well in excess of fifty wells, provided that the operator shall not be required to  provide  financial  security under this item exceeding seventy thousand dollars;  (d)  for  over  one  hundred  wells,  seventy  thousand  dollars, plus twenty-five hundred dollars per well in excess  of  one  hundred  wells, provided  that  the  operator shall not be required to provide financial security under this item exceeding one hundred thousand dollars.  (ii) for wells between two thousand five hundred feet and six thousand feet in depth:  (a) five thousand dollars per well, provided that the  operator  shall not  be required to provide financial security under this item exceeding forty thousand dollars for up to twenty-five wells;  (b) for twenty-six to fifty wells, forty thousand dollars,  plus  five thousand  dollars per well in excess of twenty-five wells, provided that the operator shall not be required to provide financial  security  under this item exceeding sixty thousand dollars;  (c)  for  fifty-one to one hundred wells, sixty thousand dollars, plus five thousand dollars per well in excess of fifty wells,  provided  that the  operator  shall not be required to provide financial security under this item exceeding one hundred thousand dollars;  (d) for over one hundred wells, one  hundred  thousand  dollars,  plus five  thousand dollars per well in excess of one hundred wells, provided that the operator shall not be required to  provide  financial  security under this item exceeding one hundred fifty thousand dollars.  (2)  In  the  event  that  an  operator  shall have wells described in clauses (i) and (ii) of subparagraph (1) of this paragraph, in  lieu  of providing  financial  security under the provisions of each such clause, such operator may file financial security as  if  all  such  wells  were between two thousand five hundred feet and six thousand feet in depth.  (3)  For  wells  greater than six thousand feet in depth, the operator may be required to provide additional financial security consistent with  criteria contained in rules and regulations to be adopted  to  implement this subparagraph.   8-a.  The  department  shall  include consideration of future physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the  likelihood  of  extreme  weather events,  including  hazard  risk analysis data if applicable, to permits issued pursuant to title five of this article.   9. With respect to solution mining areas the department shall have the power to:   a.  Require  identification  of  ownership  of  producing  leases  and solution  mining  equipment such as structures, tanks, gathering systems and facilities for the transportation of salt brine.   b. Require the drilling, casing, operation and plugging  of  wells  in accordance with rules and regulations of the department in such a manner as  to  prevent the loss or escape of oil or gas reserves to the surface or to other strata; the intrusion of brine or water into commercial  oil or  gas  reserves;  the pollution of fresh water supplies by oil, gas or salt water, and to facilitate the efficient use of  ground  and  surface waters in solution mining.   c. Give notice to persons engaging in underground mining operations of the commencing of any phase of solution mining well operations which may affect the safety of such underground mining operations or of the mining properties  involved.  Rules  and  regulations of the department adopted pursuant hereto shall specify the distance from such underground  mining operations  within  which  such  notice shall be given and shall contain such other provisions as in the judgment  of  the  department  shall  be necessary  in  the  interest  of  safety.  The  department  shall not be required to furnish any notice pursuant  hereto  unless  the  person  or persons  engaged  in  underground  mining operations or having rights in mining properties have notified the  department  of  the  existence  and location of such underground mining operations or properties.   d.  Require  metering or other measuring of brine produced by solution mining, and the maintenance of the records from each cavity or group  of interconnected  cavities  until  the wells in a cavity have been plugged and abandoned. These  records  shall  be  given  to  the  department  on request.   e.  Enter,  take temporary possession of, plug or replug any abandoned well as provided in the rules and  regulations,  whenever  any  operator neglects  or  refuses  to  comply  with such rules and regulations. Such plugging or replugging by the department shall be at the expense of  the owner  or operator whose duty it shall be to plug the well and who shall hold harmless the state of New York for all accounts, damages, costs and judgments arising for the plugging or replugging of  the  well  and  the surface  restoration  of  the  affected  land. Primary liability for the expense of such plugging  or  replugging  and  first  recourse  for  the recovery  thereof  shall  be  to  the operator unless a contract for the production, development, exploration or other working of  the  well,  to which  the  lessor  or  other  grantor  of the solution salt rights is a party, shall place such liability on  the  owner  or  on  the  owner  of another  interest  in  the  land  on which the well is situated. When an operator violates any provision of this article, any rule or  regulation promulgated   thereunder,  or  any  order  issued  pursuant  thereto  in reference to plugging or replugging an abandoned well, the operator  may not  transfer the operator's responsibility therefor by surrendering the lease. Prior to the commencement of drilling of any well to  which  this subdivision  applies,  the  operator shall be required to furnish to the department,  and  continuously  maintain,  a  bond  acceptable   to   it conditioned   upon   the   performance   of   said  operator's  plugging  responsibilities with respect to said well. Upon  the  approval  of  the department,  in  lieu  of  such  bond,  the operator may deposit cash or negotiable bonds of the United States Government of like  amount  in  an escrow  account  conditioned  upon  the  performance  of said operator's plugging responsibilities  with  respect  to  said  well.  Any  interest accruing  as  a  result  of  aforementioned  escrow deposit shall be the exclusive  property  of  the  operator.   The   aforementioned   bonding requirements  shall  remain  the  obligation  of  the  original operator regardless of changes in operators  unless  a  subsequent  operator  has furnished   the  appropriate  bond  or  substitute  as  herein  provided acceptable to the department and approval for the transfer of  the  well plugging  responsibility  to the subsequent operator has been granted by the department. The failure of any operator to maintain a bond or  other financial  security  as  prescribed  herein  shall be deemed a breach of plugging responsibilities  and  entitle  the  department  to  claim  the proceeds  of  the  bond  or  other  financial security. Any order issued pursuant to this paragraph  may  be  reviewed  upon  application  of  an aggrieved  party by means of an order to show cause which order shall be issued by any justice of the supreme court in the judicial  district  in which  any  such  order  applies  and  shall  be returnable on the third succeeding business day following the issuance of such order. Service of such show cause order shall be made upon  the  regional  office  of  the department  for  the  region  in  which such order applies, and upon the attorney general by delivery of such  order  to  an  assistant  attorney general  at  an  office  of  the attorney general in the county in which venue of the proceeding is designated, or if there is no office  of  the attorney  general  within  such  county,  at  the office of the attorney general nearest  such  county.  Except  as  hereinabove  specified,  the proceeding  to review an order under this paragraph shall be governed by article seventy-eight of the civil practice law and rules.   f. (1)  In  order  to  satisfy  the  financial  security  requirements contained in paragraph e of this subdivision for all wells for which the department either shall have issued or shall issue permits to drill such wells  or, on or after June fifth, nineteen hundred seventy-three, shall have issued acknowledgements of  notices  of  intention  to  drill  such wells,  without  in any way affecting any obligation to plug such wells, the operator shall provide a bond or other financial security acceptable to the department in the following amount:  (i) for wells less than two thousand five hundred feet in depth:  (a) twenty-five hundred dollars per well, provided that  the  operator shall  not  be  required  to  provide financial security under this item exceeding twenty-five thousand dollars for up to twenty-five wells;  (b) for twenty-six to fifty wells, twenty-five thousand dollars,  plus twenty-five  hundred  dollars  per  well in excess of twenty-five wells, provided that the operator shall not be required  to  provide  financial security under this item exceeding forty thousand dollars;  (c)  for  fifty-one to one hundred wells, forty thousand dollars, plus twenty-five hundred dollars per well in excess of fifty wells,  provided that  the  operator  shall not be required to provide financial security under this item exceeding seventy thousand dollars;  (d) for  over  one  hundred  wells,  seventy  thousand  dollars,  plus twenty-five  hundred  dollars  per  well in excess of one hundred wells, provided that the operator shall not be required  to  provide  financial security under this item exceeding one hundred thousand dollars.  (ii) for wells between two thousand five hundred feet and six thousand feet in depth:  (a)  five  thousand  dollars per well provided that the operator shall not be required to provide financial security under this item  exceeding forty thousand dollars for up to twenty-five wells;  (b)  for  twenty-six to fifty wells, forty thousand dollars, plus five thousand dollars per well in excess of twenty-five wells, provided  that the  operator  shall not be required to provide financial security under this item exceeding sixty thousand dollars;  (c) for fifty-one to one hundred wells, sixty thousand  dollars,  plus five  thousand  dollars per well in excess of fifty wells, provided that the operator shall not be required to provide financial  security  under this item exceeding one hundred fifty thousand dollars;  (d)  for  over  one  hundred wells, one hundred thousand dollars, plus five thousand dollars per well in excess of one hundred wells,  provided that  the  operator  shall not be required to provide financial security under this item exceeding one hundred fifty thousand dollars.  (2) In the event that  an  operator  shall  have  wells  described  in clauses  (i)  and (ii) of subparagraph (1) of this paragraph, in lieu of providing financial security under the provisions of each  such  clause, such  operator  may  file  financial  security as if all such wells were between two thousand five hundred feet and six thousand feet in depth.  (3) For wells greater than six thousand feet in  depth,  the  operator may be required to provide additional financial security consistent with criteria  contained  in  rules and regulation to be adopted to implement this subparagraph.   10. In the case of any well legally plugged  pursuant  to  subdivision nine   hereof,   the  responsibility  for  the  cost  of  replugging  or reinforcing the plugging  of  any  well,  whenever  such  replugging  or reinforcing is made necessary by reason of the commencement or expansion of  storage  operations,  shall  be borne by the operator of the storage facility.   11. The department may use any  of  its  powers  for  the  purpose  of cooperating  with  any  other  state  or  jurisdiction  in regulating or otherwise affecting the development or production of oil, gas or salt at any location where such development or production may  have  a  physical effect on development or production in such other state or jurisdiction.   12.  With respect to the production of gas from lands under the waters of Lake Erie:   a. This state shall indemnify all municipalities adjacent to Lake Erie within the state of New York for expenses of restoration of fresh  water supplies,  cleanup  of  beaches,  piers  and similar facilities, and for liability claims arising from  any  discharge  or  spill  occasioned  by exploration, drilling or production of operations.   b. If any oil or other hazardous substance is discharged in the course of  drilling  for  or  piping natural gas so as to pollute the waters or endanger other natural resources of  the  state,  the  department  shall immediately  act  to remove or arrange for the removal of such substance and to terminate or arrange  for  the  termination  of  such  discharge, unless  the  department determines that such removal or termination will be done properly and expeditiously by the lessee, owner or  operator  of the drilling or piping operation.   c.  Whenever  the department acts to remove or arrange for the removal of any substance, or terminates or arranges for the termination  of  any discharge, the department may draw upon moneys that may be set aside for the  department  for such purposes from the governmental emergency fund, under such terms and conditions as the governor and the legislature have established for use of such moneys.   d. No action taken by any person to  contain  or  remove  a  discharge shall  be  construed  as  an  admission of liability for said discharge.  Provided that any person who undertakes removal  or  cleanup  operations shall,  at  the  request  of  the  department  or an appropriate federal agency, coordinate his actions with ongoing state or federal operations. No  person  who renders assistance in containing or removing a discharge shall be liable for any civil damages to third parties resulting  solely from  acts  or omissions in rendering such assistance except for acts or omissions of gross negligence or willful misconduct. In  the  course  of cleanup  operations,  no  person  shall discharge any detergent into the waters of this state without prior authorization of the commissioner.   13. Every person granted a permit to drill pursuant  to  this  section shall  give notice by certified mail to any local government affected of the location of the drilling site prior to the commencement of  drilling operations.  Such  prior notice shall also be given by certified mail to any  landowner  whose  surface  rights  will  be  affected  by  drilling operations.   14.  With respect to wells drilled deeper than five hundred feet below the earth's surface for the purpose of conducting  stratigraphic  tests, for  finding  or  producing  hot water or steam, for injecting fluids to recover heat from the surrounding geologic materials or for the disposal of brines, the department shall have the power to:   a. Require all exploration, drilling and development operations to  be conducted  in accordance with standards promulgated by the department in rules and regulations.   b. Conduct investigations to determine the extent of  compliance  with this  section  and  all  rules,  regulations  and orders issued pursuant thereto.   c. Classify a well as one subject to  this  section  and  require  its identification as a geothermal, stratigraphic or brine disposal well.   d. Require the drilling, casing, operation, plugging and replugging of wells  subject  to  this  section and reclamation of surrounding land in accordance with rules and regulations of the department.   e. Enter, take temporary possession of, plug or replug  any  abandoned well  subject  to this section as provided in the rules and regulations, whenever the well's owner or operator neglects or refuses to comply with such  rules  and  regulations.  Such  plugging  or  replugging  by   the department  shall  be at the expense of the owner or operator whose duty it shall be to plug the well and who shall hold harmless  the  state  of New York for all accounts, damages, costs and judgments arising from the plugging  or  replugging  of the well and the surface restoration of the affected land.   f.  Require  that  the  operator  furnish  to  the   department,   and continuously  maintain,  a  bond or other financial security conditioned upon  the  satisfactory   performance   of   the   operator's   plugging responsibilities  with respect to said well. The failure of any operator to maintain a bond or other  financial  security  as  prescribed  herein shall  be  deemed  a breach of plugging responsibilities and entitle the department to  claim  the  proceeds  of  the  bond  or  other  financial security.  Such  bond or other financial security shall be for an amount as determined pursuant to the provisions of paragraph k  of  subdivision eight of this section.   g.  In  addition to the powers provided for in titles one, three, five and thirteen of article seventy-one of this chapter, order an  immediate suspension  of  operations  carried  on in violation of the oil, gas and solution mining law or any rule or regulation promulgated thereunder  or order issued pursuant thereto.   h.  Require  the  immediate  reporting  of  any  non-routine incident, including but not limited to casing  and  drill  pipe  failures,  casing cement  failures,  fishing  jobs,  fires,  seepages,  blowouts and other  incidents during drilling, completion, producing, plugging or replugging operations that may affect the health, safety, welfare  or  property  of any  person  or  which  may  be  injurious  to  plants  or  animals. The department  may  require the operator or any agent thereof to record and provide any data which  the  department  believes  may  be  of  use  for adequate evaluation of a non-routine incident.   i. Require the taking and making of logs, samples, directional surveys and  reports  on  locations,  elevations,  drilling  and production, and further require filing of such information pursuant to the provisions of the oil, gas and solution mining law. Upon  the  request  of  the  state geologist,  the department shall cause such samples or copies of records and reports to be furnished to the state geologist.   j. Give notice to persons engaged in underground mining operations  of the  commencement  of  any  phase of geothermal, stratigraphic and brine disposal well operations which may affect the safety of such underground mining operations or of the mining properties involved.  The  department shall  not  be required to furnish any notice required by this paragraph unless the person or persons engaged in underground mining operations or having rights in mining properties have notified the department  of  the existence   and  location  of  such  underground  mining  operations  or properties.