A. Each person who desires to conduct an experimental practice shall submit a permit application for the approval of the director and the director of the office of surface mining. The permit application shall contain appropriate descriptions, maps, plans and data which show:

(1) the nature of the experimental practice;

(2) how use of the experimental practice:

(a) encourages advances in mining and reclamation technology, or

(b) 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 act and 19.8 NMAC;

(3) that the mining and reclamation operations proposed for using an experimental practice are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice;

(4) that the experimental practice:

(a) is potentially more or at least as environmentally protective, during and after the proposed mining and reclamation operations, as those required under 19.8.19 through 19.8.28 NMAC and 19.8 NMAC; and

(b) will not reduce the protection afforded public health and safety below that provided by the requirements of 19.8.19 through 19.8.28 NMAC and 19.8 NMAC;

(5) that the applicant will conduct special monitoring with respect to the experimental practice during and after the operations involved; the monitoring program shall:

(a) insure the collection and analysis of sufficient and reliable data to enable the director and the regional director of the office of surface mining to make adequate comparisons with other surface coal mining and reclamation operations employing similar experimental practices; and

(b) include requirements designed to identify, as soon as possible, potential risks to the environment and public health and safety from the use of the experimental practice.

D. No permit authorizing an experimental practice shall be issued, unless the director first finds, in writing, upon the basis of both a complete application filed in accordance with the requirements of this section and the comments of the director of the office of surface mining that:

(1) the experimental practice meets all of the requirements of Paragraphs (1) through (5) of Subsection A of 19.8.10.1000 NMAC;

(2) the experimental practice is based on a clearly defined set of objectives which can reasonably be expected to be achieved; and

(3) the experimental practice has been specifically approved, in writing by the director of the office of surface mining;

(4) the permit contains conditions which specifically:

(a) limit the experimental practice authorized to that granted by the director and the director of the office of surface mining;

(b) impose enforceable alternative environmental protection requirements; and

(c) require the person to conduct the periodic monitoring, recording and reporting program set forth in the application, with such additional requirements as the director or the director of the office of surface mining may require.

G. Revisions or modifications to an experimental practice shall be processed in accordance with the requirements of 19.8.13.1301 NMAC and approved by the director. Any revisions which propose significant departures in the experimental practice shall, at a minimum, be subject to the requirements of 19.8.11 and 19.8.12 NMAC and to the concurrence by the director of the office of surface mining. Revisions that do not propose significant departures in the experimental practice shall not require concurrence by the director of the office of surface mining.

[11-29-97; 19.8.10.1000 NMAC - Rn, 19 NMAC 8.2.10.1000, 9-29-2000; A, 12-31-2007]