La. Admin. Code tit. 43 § XV-2901

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-2901 - Experimental Practices Mining

A. Experimental practices provide a variance from environmental protection performance standards of the Act, Subpart 5, and the regulatory program for experimental or research purposes, or to allow an alternative post-mining land use, and may be undertaken if they are approved by the office and the director of the Office of Surface Mining and if they are incorporated in a permit or permit revision issued in accordance with the requirements of Subpart 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 post-mining land use for industrial, commercial, residential or public use (including recreation facilities) on an experimental basis;

3. that the experimental practice:

a. is potentially more, or at least as, environmentally protective during and after mining operations as would otherwise be required by standards promulgated under Subpart 5; and

b. will not reduce the protection afforded public health and safety below that provided by the requirements of Subpart 5; and

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 office 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 §3103-3111

D. No application for an experimental practice under this Section shall be approved until the office 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 post-mining 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 Subpart 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 Subpart 5.

E. Experimental practices granting variances from the special environmental protection performances standards of §915 of the Act applicable to prime farmland shall be approved only after consultation with the U.S. Department of Agriculture, Soil 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 office 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 office at a frequency set forth in the approved permit, but no less frequently than every 2 1/2 years. After review, the office 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 office shall be sent to the permittee and shall be subject to the provisions for administrative and judicial review of Chapter 33.

H. Revisions or modifications to an experimental practice shall be processed in accordance with the requirements of §3505 and approved by the office. Any revisions which propose significant alterations in the experimental practice shall, at a minimum, be subject to the notice, hearing and public participation requirements of §3103-3111 and concurrence by the director of the Office of Surface Mining. Revisions that do not propose significant alterations in the experimental practice shall not require concurrence by the director of the Office of Surface Mining.

La. Admin. Code tit. 43, § XV-2901

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.