N.Y. Environmental Conservation Law 23-2709 – Administration of title
§ 23-2709. Administration of title.
Terms Used In N.Y. Environmental Conservation Law 23-2709
- 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 opportunity to be heard. See N.Y. Environmental Conservation Law 23-2705
- Commissioner: means the commissioner of environmental conservation. See N.Y. Environmental Conservation Law 23-0101
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of environmental conservation. See N.Y. Environmental Conservation Law 23-0101
- land affected by mining: means the sum of that surface area of land or land under water which: (i) has been disturbed by mining since April first, nineteen hundred seventy-five and not been reclaimed, and (ii) is to be disturbed by mining during the term of the permit to mine. See N.Y. Environmental Conservation Law 23-2705
- Mine: means any excavation from which a mineral is to be produced for sale or exchange, or for commercial, industrial or municipal use; all haulageways and all equipment above, on or below the surface of the ground used in connection with such excavation, and all lands included in the life of the mine review by the department. See N.Y. Environmental Conservation Law 23-2705
- Mineral: means any naturally formed, usually inorganic, solid material located on or below the surface of the earth. See N.Y. Environmental Conservation Law 23-2705
- Mining: means the extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. See N.Y. Environmental Conservation Law 23-2705
- Permittee: means any person who holds a valid mining permit from the department for the boundaries of the land identified in the mined land-use plan. See N.Y. Environmental Conservation Law 23-2705
- Reclamation: means the conditioning of the affected land to make it suitable for any uses or purposes consistent with the provisions of this title. See N.Y. Environmental Conservation Law 23-2705
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 regulation promulgated thereunder or order issued pursuant thereto;
(c) to establish environmental standards and criteria for mining and reclamation of the affected land to achieve the purposes of this title;
(d) to order, pursuant to section 71-0301 of this chapter, an immediate suspension of mining or reclamation operations or operations incidental or appurtenant thereto whenever such operations are being carried on in violation of this title or of rules, regulations and orders adopted pursuant thereto;
(e) to conduct investigations and obtain data with respect to research experiments and demonstrations, and to collect and disseminate information regarding mining and reclamation;
(f) to accept grants or funds for purposes of administration of this title and research into the fields of mining and land reclamation;
(g) to cooperate with any other governmental entity to further the purposes of this title;
(h) to contract with the soil and water conservation district in the county where a mine is located to achieve the purposes of this title;
(i) to allow, upon agreement by the department and the permittee, the reclamation of unreclaimed land affected by mining prior to April first, nineteen hundred seventy-five, as a substitute for reclamation of land affected by mining after that date, provided that a net environmental benefit results from such substitution; and
(j) to determine, after notice and an opportunity for a hearing, if a mining operation has been abandoned.
2. This title shall not apply to the commissioner of general services acting with respect to lands under water pursuant to the public lands law.
3. The state geological survey shall be the state agency responsible for the collection of mineral production information for the state in association with the United States bureau of mines. The state geological survey shall also continue to be the state agency responsible for the conduct of mineral resource investigations and inventories. Such information shall be made available to the department upon request and the survey shall have access to any records of the department collected in conjunction with the administration of this title.