§ 34-33-134 — Experimental practices

In order to encourage advances in coal
mining and reclamation practices and to allow postmining land use for industrial,
commercial, residential, or public use, including recreational facilities, the board,
with the approval of the secretary, may authorize departures in individual cases on
an experimental basis from the environmental protection performance standards
promulgated under sections 34-33-120 and 34-33-121. Such departures may be
authorized if: The experimental practices are potentially more or at least as
environmentally protective, during and after coal mining operations, as those
required by promulgated standards; the coal mining operations approved for
particular land use or other purposes are not larger or more numerous than
necessary to determine the effectiveness and economic feasibility of the
experimental practices; and the experimental practices do not reduce the
protection afforded the public health and safety below that provided by
promulgated standards.

Legislative History

Source: L. 79: Entire article added, p. 1302, � 1, effective July 1.