Section 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.
    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.