2023 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.