Section 096-200-5-19 - General ProvisionsA.Compliance. A Permittee or Applicant shall comply with all applicable standards and requirements under the Act, the provisions of the mining permit, and this Chapter.B.Performance-Based Standards. To the extent feasible, standards contained in this Chapter are performance-based. To the extent that this Chapter includes standards that are not performancebased, a Permittee or Applicant may propose an alternative means of compliance that achieves equivalent performance. If the Applicant proposes a control device or measure, it must demonstrate that there is reasonable assurance that the device or measure will achieve the performance standard. The Department is not required to approve any alternative means of compliance. Control devices or measures may be reassessed at any time, and if the Department determines that the control device or measure no longer achieves the performance standard, the Department may require remedial actions, including but not limited to, the implementation of additional control devices or measures, a corrective action work plan, temporary suspension of mining activity, and the cessation of all mining activity.C.Burden. The Permittee or Applicant shall affirmatively demonstrate that all proposed or undertaken actions, devices, or measures will meet the minimum requirements of this Chapter, the Act, and the mining permit.D.Disclosure. The Permittee or Applicant must disclose fully all relevant facts applicable to the provisions of this Chapter, the Act, and the mining permit.E.Required Information. The Permittee or Applicant must provide the information necessary to demonstrate that the methods, materials, and techniques proposed to be used are capable of accomplishing their stated objectives in protecting the environment and public health and safety. The information may consist of results of actual testing, modeling, documentation by credible independent testing and certified organizations, or documented applications in similar uses and settings.F.Certification. All submitted information must be accurate, complete, and acknowledged as such by the signature of an authorized agent of the Permittee or Applicant. Documents, plans, and reports submitted in support of applications must be signed and stamped by qualified professionals as required.G.Qualified Professional. All data collection, analyses, modeling, design, inspection, operation, monitoring, data synthesis, and documentation and reporting shall be conducted by qualified professionals.H.Independent Reviewer. The Department may retain an independent reviewer to assist in the review of documents, plans, models, designs, studies, analysis, characterizations, applications, amendments, financial assurance mechanisms, field operations, and any other submission.I.Additional Information. If required by the Department to establish that the Applicant has met the minimum requirements of the rule, Act and mining permit, the Applicant or Permittee shall provide any additional data, monitoring, testing, modeling, characterization, or additional synthesis and interpretation of submitted data, analysis, and information required by the Department.J.Public Health and Safety. The Permittee and Applicant shall make adequate provisions for the protection of public health and safety.06-096 C.M.R. ch. 200, § 5-19