27-931. Variances
A. The state mine inspector, by rule or conditional order, may allow an owner or
operator of an exploration operation or mining unit to vary from any rule adopted
pursuant to this chapter or any requirement or condition of a reclamation plan issued
pursuant to this chapter if the inspector finds that allowing the variance will not
endanger public safety and will not be inconsistent with the criteria established in
section 27-973.
B. The inspector may approve innovative reclamation or other measures proposed by
the owner or operator that vary from the reclamation standards of this chapter, the
financial assurance requirements under article 5 of this chapter or the rules adopted
pursuant to this chapter after a public hearing and on a showing that the innovative or
other measures can be reasonably expected to achieve the post-mining land use objectives
stated in the reclamation plan.
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