23-2701 – Short Title.

§ 23-2701. Short title. This title shall be known and may be cited as the “New York State Mined Land Reclamation Law”.

23-2703 – Declaration of Policy.

§ 23-2703. Declaration of policy. 1. The legislature hereby declares that it is the policy of this state to foster and encourage the development of an economically sound and stable mining industry, and the orderly development of domestic mineral resources and reserves necessary to assure satisfaction of economic needs compatible with sound environmental management practices. […]

23-2705 – Definitions.

§ 23-2705. Definitions. As used in this title, unless the context otherwise requires: 1. “Abandoned” means the cessation of mining and reclamation activities on land affected by mining without prior notification to the department of such cessation of activities or without describing such cessation in a mined land-use plan approved by the department, and after […]

23-2709 – Administration of Title.

§ 23-2709. Administration of title. 1. The department shall have and be entitled to exercise the following powers and duties: (a) to issue permits in accordance with the criteria set forth in this article and the rules and regulations promulgated thereunder; (b) to administer and enforce the provisions of this title and any rule or […]

23-2711 – Permits.

§ 23-2711. Permits. 1. After September first, nineteen hundred ninety-one, any person who mines or proposes to mine from each mine site more than one thousand tons or seven hundred fifty cubic yards, whichever is less, of minerals from the earth within twelve successive calendar months or who mines or proposes to mine over one […]

23-2713 – Mined Land-Use Plan.

§ 23-2713. Mined land-use plan. 1. All mining and reclamation activities on the affected land shall be conducted in accordance with an approved mined land-use plan. The approved mined land-use plan shall consist of both a mining and a reclamation plan, and any other information which the department deems necessary in order to achieve the […]

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 […]

23-2719 – Enforcement.

§ 23-2719. Enforcement. The provisions of this title and any rules and regulations promulgated thereunder shall be enforced pursuant to title 13, article 71 of this chapter.

23-2721 – Judicial Review.

§ 23-2721. Judicial review. Any act, omission, determination or order of the department or of any officer or employee thereof, pursuant to or within the scope of this title, may be reviewed in accordance with article seventy-eight of the civil practice law and rules.

23-2722 – Interstate Mining Compact.

§ 23-2722. Interstate mining compact. The “interstate mining compact” is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows: THE INTERSTATE MINING COMPACT ARTICLE I POLICIES AND PURPOSES There is created the “interstate mining compact”. 1.1 The party states find that: […]

23-2723 – Severability.

§ 23-2723. Severability. The provisions of this title shall be severable and if any phrase, clause, sentence or provision of this title, or the applicability thereof to any person or circumstance shall be held invalid, the remainder of this title and the application thereof shall not be affected thereby.