The New York Department of Environmental Conservation, Division of Mineral Resources (the Division) is responsible for the issuing of permits and operator compliance of state laws and regulations for oil and gas well operations and solution mining, plugging, deepening, converting and drilling. The Division conducts permitting, plugging and surface restoration of well sites, reviews reports and forms, ensures environmental safety during the production of wells, compiles and tracks well data and well location mapping, investigates and inspects wells, ensures well operations meet the states regulatory standards, and provides a process in the event an operator fails to perform the duties to meet the financial security requirement.
The obligee is the entity that requires a surety bond or other form of financial security. The New York Department of Environmental Conservation, Division of Mineral Resources requires a plugging and surface restoration bond prior to the drilling of any new wells, deepening of wells, and converting and the plugging of wells. The bond ensures compliance of regulations and state laws. Failure to comply or perform the regulations and state laws may result in a claim filed on the financial security by the Division. In the instance of a surety bond, if the Division files a claim against the surety bond, the owner and/or operator (named as the principal on the bond form) will be responsible for repayment of the claimed amount if the claim is paid out by the surety.
The plugging and surface restoration bond is a form of financial security to meet the permit requirement. There are several options for the surety bond: cash, escrow account, a certificate of deposit, irrevocable letter of credit made to the state, a statement of financial responsibility, or a surety bond.
A plugging and surface restoration surety bond must be in place from the time of the initial permit up to completion of the well, and does have the option to be canceled by the surety. However, if the bond is cancelled, either another surety bond or other form of financial security must be provided in its place. The premium will renew on the bond on an annual basis for the life of the well. If the well transfers to new ownership, a new bond or other form of financial security is required to fulfill the permit conditions. The Division must approve transfer of ownership prior to any operations. Failure to maintain a bond will result in a claim by the Division.
The conformance bond also ensures the plugging and surface restoration of the well. The well must pass through an inspection process for proper plugging and the surface restored to meet state standards. Upon the release, the premium for the bond is no longer required.
A well plugging and surface restoration surety bond is required based on the number of wells and depth of wells. The single well surety bond covers individual wells. A blanket surety bond covers multiple wells.
The plugging and surface restoration surety bond will need to be submitted to the New York Department of Environmental Conservation:
Division of Mineral Resources
625 Broadway 3rd Floor
Albany, New York 12233-6500
The premium that you pay for a New York Oil and Gas Well Surety Bond is dependent on credit and the number of and depth of wells. Bond amounts over $50,000 may require personal and business financial statements.
New York has approximately 14,000 active well and continues to add new drilling each year. Oil and gas drilling provides close to a half a billion dollars a year towards the state’s economy annually.
Check out our FAQ page or What’s a Surety Bond? page. Should you need or choose to buy a surety bond, buy from us. SuretyGroup.com has been underwriting surety bonds throughout the U.S. for more than 35 years. When you work with us, you enjoy the unique benefit of dealing with a team of highly experienced surety agents with in-house underwriting authority. This allows you to receive competitive, low rates, quick approvals, and immediate bond delivery. In most cases, your bond will be delivered within 24 hours after you apply for it.
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