(a) The commission, with approval by the secretary of agriculture, may authorize experimental departures, in individual cases, from the environmental protection performance standards of this chapter to:
(1) encourage advances in mining and reclamation practices; and
(2) allow postmining land use for industrial, commercial, residential, or public use, including recreational facilities.
(b) The commission may authorize departures if:
(1) the experimental practices are potentially at least as environmentally protective, during and after mining operations, as those required by this chapter;
(2) the 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
(3) the experimental practices do not reduce the protection afforded public health and safety below that provided by adopted standards.

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.