11 Miss. Code. R. § 8-2.3-29-2901 - Experimental Practices Mining

(a) Experimental practices provide a variance from environmental protection performance standards of the act, Subchapter 2.5, and the regulatory program for experimental or research purposes, or to allow an alternative postmining land use, and may be undertaken if they are approved by the Commission and the director of the Office of Surface Mining and if they are incorporated in a permit or permit modification issued by the Permit Board in accordance with the requirements of Subchapter 2.3.

(b) An application for an experimental practice shall contain descriptions, maps, plans and data which show:

(1) the nature of the experimental practice, including a description of the performance standards for which variances are requested, the duration of the experimental practice, and any special monitoring which will be conducted;

(2) how use of the experimental practice encourages advances in mining and reclamation technology or allows a postmining land use for industrial, commercial, residential or public use (including recreation facilities) on an experimental basis;

(3) that the experimental practice:

(A) is at least as environmentally protective during and after mining operations as those required by these regulations;

(B) 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;

(C) do not reduce the protection afforded public health and safety below that provided by these regulations.

(4) that the applicant will conduct monitoring of the effects of the experimental practice. The monitoring program shall ensure the collection, analysis and reporting of reliable data that are sufficient to enable the Department and the director of the Office of Surface Mining to:

(A) evaluate the effectiveness of the experimental practice; and

(B) identify, at the earliest possible time, potential risk to the environment and public health and safety which may be caused by the experimental practice during and after mining.

(c) Applications for experimental practices shall comply with the public notice requirements of § 53-9-27 and § 53-9-37 of the Act and §§ 3103-3111.

(d) No application for an experimental practice under this Section shall be approved until the Commission first finds in writing and the director of the Office of Surface Mining then concurs that:

(1) the experimental practice encourages advances in mining and reclamation technology or allows a postmining land use for industrial, commercial, residential or public use (including recreational facilities) on an experimental basis;

(2) the experimental practice is potentially more, or at least as, environmentally protective, during and after mining operations, as would otherwise be required by standards promulgated under Subchapter 2.5;

(3) the mining operations approved for a particular land use or other purpose are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice; and

(4) the experimental practice does not reduce the protection afforded public health and safety below that provided by standards promulgated under Subchapter 2.5.

(e) Experimental practices granting variances from the special environmental protection performances standards of §§ 53-9-45 and 53-9-47 of the act applicable to prime farmland shall be approved only after consultation with the U.S. Department of Agriculture, Natural Resource Conservation Service.

(f) Each person undertaking an experimental practice shall conduct the periodic monitoring, recording and reporting program set forth in the application, and shall satisfy such additional requirements as the Permit Board or the director may impose to ensure protection of the public health and safety and the environment.

(g) Each experimental practice shall be reviewed by the Department at a frequency set forth in the approved permit, but no less frequently than every 2 ¹/2 years. After review, the Permit Board may require such reasonable modifications of the experimental practice as are necessary to ensure that the activities fully protect the environment and the public health and safety. Copies of the decision of the Permit Board shall be sent to the permittee and shall be subject to the provisions for administrative and judicial review of Rule 33 and § 53-9-77 of the Act.

(h) Revisions or modifications to an experimental practice shall be processed in accordance with the requirements of § 3505. Any modification which proposes significant alterations in the experimental practice shall, at a minimum, be subject to the notice, hearing and public participation requirements of §§ 3103-3111, § 53-9-37 of the Act and concurrence by the director of the Office of Surface Mining. Revisions shall not require concurrence by the director of the Office of Surface Mining, public notice, hearing, or public participation.

Notes

11 Miss. Code. R. § 8-2.3-29-2901