2023 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,  which  shall  not
include  closed-loop boreholes installed for the purpose of facilitating
a geothermal heating or cooling system, 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.
15. The department is authorized  to  regulate  for  the  purposes  of
protecting  natural  resources  and the environment or public health and
safety, closed-loop boreholes deeper than five hundred  feet  below  the
earth's  surface  installed for the purpose of facilitating a geothermal
heating or cooling system and no later than December  thirty-first,  two
thousand  twenty-four  shall  promulgate  regulations  relating  to such
boreholes, and may update such  regulations  from  time  to  time.  When
regulating  such  closed-loop  boreholes,  the department shall consider
relevant prevailing industry standards.