North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-27 - Requirements for Research Plots and Permits for Experimental Surface Coal Mining and Reclamation Operations › Section 69-05.2-27-02 - Variances for experimental surface coal mining and reclamation practices

Current through Supplement No. 393, July, 2024
1. In order to
				encourage advances in surface mining and reclamation practices, or to allow
				postmining land use for industrial, commercial, residential, or public use
				(including recreational facilities), on an experimental basis where the
				postmining land use proposed requires an experimental practice to demonstrate
				feasibility, the commission may, with the approval of the director of the
				office of surface mining reclamation and enforcement, authorize variances in
				individual cases from the standards of North Dakota Century Code section
				38-14.1-24.
2. Variances will not be authorized for other
				than experimental practices. For the purpose of this section, "experimental
				practice" means the use of alternative surface coal mining and reclamation
				operation practices for experimental or research purposes.
3. No person shall engage in or maintain any
				experimental practice unless that practice has first been approved in a permit.
4. Each person who desires to
				conduct an experimental practice shall submit a permit or revision application
				to the commission and to the director of the office of surface mining
				reclamation and enforcement for approval. The application must contain
				appropriate descriptions, maps, plans, and data which show:
a. The nature of the experimental practice,
				including a description of the performance standards for which the variances
				are requested, the duration of the experimental practice, and any special
				monitoring which will be conducted.
b. How use of the experimental practice:
(1) Encourages advances in mining and
				reclamation technology; or
(2)
				Allows a postmining land use for industrial, commercial, residential, or public
				use (including recreational facilities), on an experimental basis, when the
				results are not otherwise attainable under the standards.
c. That the operations proposed for using an
				experimental practice are not larger nor more numerous than necessary to
				determine the effectiveness and economic feasibility of the practice.
d. That the experimental practice:
(1) Is potentially more or at least as
				environmentally protective, during and after the proposed operations, as would
				be required under the standards.
(2) Will not reduce the protection afforded
				public health and safety below that provided by the standards.
e. That the applicant will conduct
				special monitoring with respect to the experimental practice during and after
				operations. The monitoring program must:
(1)
				Ensure the collection, analysis, and reporting of sufficient and reliable data
				to enable the commission and the director of the office of surface mining
				reclamation and enforcement to make adequate comparisons with other operations
				employing similar practices.
(2)
				Include requirements designed to identify, as soon as possible, potential risks
				to the environment and public health and safety from the use of the practice.