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2020 Tennessee Code
Title 59 - Mines and Mining
Chapter 8 - Strip and Open Pit Mines
Part 1 - Primacy and Reclamation Act of Tennessee [Contingent Effective Date, See Compiler's notes.]
§ 59-8-123. Departure From Environmental Protection Performance Standards on Experimental Basis. [Contingent Effective Date, See Compiler's notes.]
Universal Citation:
TN Code § 59-8-123 (2020)
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- In order to encourage advances in coal surface mining and reclamation practices, or to allow post-mining land use for industrial, commercial, residential, or public use, including recreational facilities, the commissioner, with the approval of the secretary, may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under this part.
- The departures may be authorized if:
- The experimental practices are potentially more environmentally protective, or at least as protective, during and after mining operations, as those required by promulgated standards;
- The mining operations approved for a 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;
- The experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards; and
- All other state and federal agencies with jurisdiction over the environmental standards or practices for which departure is desired concur with the departure.
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