(a) In order to encourage advances in surface coal mining and reclamation practices, or to allow post-mining land use for industrial, commercial, residential, or public use, including recreational facilities, the commissioner, with the approval of the secretary, may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under this part.
Terms Used In Tennessee Code 59-8-123
Commissioner: means the commissioner of environment and conservation or the commissioner's designee. See Tennessee Code 59-8-102
(b) The departures may be authorized if:
(1) The experimental practices are potentially more environmentally protective, or at least as protective, during and after mining operations, as those required by promulgated standards;(2) The mining operations approved for a 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 promulgated standards.
