To encourage advances in coal mining and reclamation practices or to allow postmining land use for industrial, commercial, residential, recreational, or public use, the director may, with the approval of the United States Secretary of the Interior, permit departures in individual cases from the standards established in IC 14-34-10 and IC 14-34-11 . The director may permit these departures only if the following conditions exist:

1. (1) The experimental practices are:

   1. (A) potentially more; or

   2. (B) at least as;

      environmentally protective during and after the coal mining operations as those required under commission rules governing this section.

2. (2) The coal 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.

3. (3) The experimental practices do not reduce the protection afforded public health and safety below that provided by commission rules governing this section.

   [Pre-1995 Recodification Citation: 13-4.1-3-5.]

As added by P.L.1-1995, SEC.27.