Sec. 134.024. EXPERIMENTAL PRACTICES. (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.
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