Florida Administrative Code

(1) Prior to issuance of a Notice to Proceed, the responsible entity shall provide the Department with financial assurance, as defined in rule 62B-56.020, F.A.C., in an amount sufficient to cover the cost of dune core removal and restoration of the project site, including topogra…

(1) Unless revoked or otherwise modified, the duration of the construction and maintenance phases of this permit are as follows: (a) The construction phase shall be no more than two years after issuance of permit. (b) The maintenance phase shall be perpetual for the life of the p…

(1) Requests for major permit modifications, including additions, revisions, or structural modifications of the permitted project or activities, shall be reviewed and processed in the same manner as the initial application. (2) Minor modifications shall be reviewed and shall meet…

(1) Permits issued to the applicant are not valid for any other person unless transferred. (2) At least 30 days prior to any transfer of ownership or control of the land on which the reconstructed dune is located or where any permitted activity is located, the responsible entity …

(1) Each application for a new permit, major modification, or transfer to be considered by the Department pursuant to Section 161.085(9), F.S., and this chapter, shall be accompanied by a processing fee. Monies from fees assessed pursuant to this chapter shall be deposited into t…

(1) Upon completion of construction of a reconstructed dune authorized under this chapter, the permit must be converted from the construction phase to the maintenance phase. (2) Completion of construction shall be certified as follows: (a) Within 30 days after completion of const…

(1) The following general permit conditions shall apply, unless superseded by the Department or modified by the permit as a special permit condition: (a) The responsible entity shall perform all construction activities in accordance with the plans and specifications that were app…

(1) Subject to the provisions of subsection (3), below, and in accordance with sections 161.085, and 120.60, F.S., the Department shall order the revocation of the permit and removal of the structure and restoration of the project site in accordance with subsection (6), below, up…

The forms used by the Department in the Coastal Construction Control Line program are adopted and incorporated by reference in this chapter. Each form is listed by rule number, which is also the form number, and with the subject, title, and effective date. Copies of forms may be …

For the purpose of this chapter, the following words and terms shall have the definitions and meanings ascribed to them in this section: (1) "Annual Mining and Reclamation Report" means a report, including maps and aerial photographs, submitted for each mine, which describes and …

(1) The requirements to submit applications, notices and reports contained in this chapter shall be consistent with the Department's authority contained in Part III of Chapter 378, F.S. (2) Approval must be obtained from the Department prior to an operator beginning any reclamati…

(1) Preapplication Meetings. In order to reduce the time required for processing applications, preapplication meetings are encouraged and should be arranged in accordance with the following: (a) If a meeting is requested by the applicant, the Department shall meet with the applic…

(1) General Processing Procedures. (a) All applications shall be processed in accordance with the provisions of Chapter 120, F.S. (b) Within 30 days after the receipt of an application, the Department shall examine the application, notify the applicant of any apparent errors or o…

All applications shall be submitted using forms incorporated by reference in Rule 62C-16.0095, F.A.C., and shall meet the following minimum standards: (1) At least one copy of signed documents made a part of the application shall bear an original signature. (2) All maps, cross se…

Each conceptual plan application and conceptual plan modification application shall describe in writing and graphically, as required by the Department, the activities which are the subject of the application. (1) Conceptual plan. A conceptual plan application shall: (a) Describe …

(1) All applications for a variance, pursuant to Section 378.212, F.S., shall be in accordance with these rules. The Department shall review the application within a reasonable period of time and, if the Department determines the application to be incomplete, the applicant shall …

This section sets forth the minimum criteria and standards for approval of a conceptual plan or modification application. (1) Safety. (a) Site cleanup. All lands reclaimed shall be completed in a neat, clean manner by removing or disposing of all visible debris, litter, junk, wor…

(1) All authorized representatives of the Department, on presentation of appropriate credentials to the operator, or its authorized representative, shall have the right of entry to, on, or through all lands subject to this chapter. (2) Inspections shall occur on an irregular basi…

(1) Once an operator fulfills the reclamation and restoration requirements within a reclamation parcel, he may request a release of the reclamation parcel, as a whole or as a distinct upland portion thereof. The request shall be submitted in writing to the Department and shall in…

(1) Upon determination by the Department that an operator is in violation of any requirement of this chapter or approval granted, the Department shall notify the operator in writing by certified mail of the alleged violation. The notice of violation shall set forth in detail the …

(1) Security. (a) Form of Security. If the Department determines that an operator is not in compliance with the rate of reclamation established in subsection (5), the Department shall notify the operator in writing that the operator shall have 30 days to post one or more of the f…

(1) On or before March 1 of each year after Department approval of its Conceptual Reclamation Plan, each operator shall submit to the Department an Annual Mining and Reclamation report describing mining and reclamation activities for the previous calendar year and proposed mining…

The following forms are available from the Department of Environmental Protection and are incorporated by reference: (1) Application for a Conceptual Reclamation Plan or Modification, Reclamation Form No. 1, Effective 5-28-06. (2) Annual Mining and Reclamation Report, Reclamation…

The following words and terms shall have the definition and meaning ascribed to them in this section: (1) "Approved Reclamation Program" shall mean a reclamation program which has been approved by the Department. (2) "Bureau" shall mean the department's Bureau of Mine Reclamation…

(1) The Report of the Department of Environmental Protection entitled, "Evaluation of Pre-July 1, 1975 Disturbed Phosphate Lands," August, 1980, including the Appendices and Map Book, (henceforth referred to as the "Report") is hereby incorporated into these rules to the extent t…

(1) The Department will presume that a property is eligible or ineligible to participate in this program from the perspective of site characteristics based on the conclusions contained in the Report. (2) Notwithstanding the presumption of eligibility set forth in subsection (1), …

(1) The Department recognizes that certain lands identified as being eligible or ineligible to participate in this program based on the conclusions contained in the Report may have changed characteristics since the publication of the Report. Therefore, the Department may reevalua…

(1) Reclamation program application prioritization shall be based on the following criteria; however, greater weight shall be given to one or more of the criteria depending on the overall needs of the nonmandatory land reclamation program: (a) Whether there are existing Category …

(1) To be acceptable for consideration, a reclamation program must contain a contiguous land unit which constitutes the following minimum fraction of the total parcel. Parcel Size (Acres) Minimum Program 20 or Less Total Parcel 21-100 Acres 1/2 of Parcel but not less than 20 acre…

(1) The Department recognizes that geographic extent, diversity of existing and proposed landforms and availability of fill and revegetation materials have a direct bearing on the time required for the completion of a reclamation program. Landowners are encouraged to complete rec…

(1) Safety. (a) Site cleanup. Each program site shall be left in a neat, orderly condition by removing or adequately burying all debris, junk, abandoned equipment, abandoned structures or parts of structures, worn-out or unusable equipment or materials, as well as all footings, p…

(1) Acquisition applications for nonmandatory lands shall be considered with the reclamation applications for funding under the provisions of subsection 62C-17.005(3), F.A.C. The per acre cost of lands acquired under this program are subject to the limitations of Chapter 253, F.S…

The Department acknowledges that a significant number of Landowners have received approval of reclamation plans. The approval of reclamation plans, which are strictly conceptual in nature and not a precondition to reclamation program approval, does not offer any additional priori…

(1) Reclamation contracts offered Landowners, execution of which shall signify acceptance of the reclamation program as approved, shall be in duplicate, each of which shall for all purposes be considered an original. (2) Reclamation contracts shall contain all modifications, if a…

(1) Reclamation contracts are not assignable without the approval of the Department. The Department may approve the assignment of a reclamation contract if there is not to be any modification to the approved reclamation program. The Department must approve all assignments involvi…

(1) The Department acknowledges that a number of Landowners have received approval of their reclamation program applications prior to July 1, 1984 and therefore are not subject to the funding limits of chapter 378, F.S., as amended July 1, 1984. All actions on reclamation program…

A Landowner whose geographic extent of ownership within a parcel will not satisfy the minimum reclamation size necessary for participation in this program and whose land cannot be shown to qualify for an exception to the reclamation program size requirements of rule 62C-17.006, F…

(1) Inspections. (a) The Landowner, by executing the reclamation contract, authorizes the employees of the Department to enter upon the program site, upon prior notification to the Landowner, during normal business hours to inspect for compliance with the reclamation contract. Al…

(1) Reimbursement under this chapter is subject to chapter 69I-44, F.A.C. (2) Landowners shall submit to the Department for prior approval all advertisements and bid or proposal documents to be used to solicit bids or proposals for any contractual service or commodity to be used …

Rulemaking Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088 FS. History-New 2-9-82, Amended 7-9-85, Formerly 16C-20.015, 16C-20.0015, Amended 5-3-95, Transferred to 68F-20.0015.

Rulemaking Authority 370.021, 369.20, 369.22, 369.25, 369.251 FS. Law Implemented 369.20, 369.22, 369.25, 369.251, 403.088 FS. History-New 5-8-77, Amended 2-9-82, 7-9-85, Formerly 16C-20.02, 16C-20.002, Amended 5-3-95, Transferred to 68F-20.002.

Rulemaking Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088 FS. History-New 2-9-82, Amended 7-9-85, Formerly 16C-20.035, 16C-20.0035, Amended 5-3-95, Transferred to 68F-20.0035. 62C-20.0045 Criteria for Issuing, Modifying or Denying …

Rulemaking Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088 FS. History-New 2-9-82, Amended 7-9-85, Formerly 16C-20.055, 16C-20.0055, Amended 5-3-95, Transferred to 68F-20.0055.

62C-20.0075 Penalties (Transferred)

Rulemaking Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088, 403.141, 403.161 FS. History-New 2-9-82, Formerly 16C-20.075, 16C-20.0075, Amended 5-3-95, Transferred to 68F-20.0075.

The rules in this chapter and Chapters 62C-26 through 62C-30, F.A.C., are adopted to implement the provisions of Chapter 377, Part I, F.S., Regulation of Oil and Gas Resources. (1) By accepting or renewing a permit under these rules, the permittee agrees to conduct all operations…

Unless the context otherwise requires, the words defined shall have the following meaning when found in Chapters 62C-25 through 62C-30, F.A.C.: (1) ADMINISTRATOR (OIL AND GAS ADMINISTRATOR) shall mean the Department's Oil and Gas Program Administrator. (2) AGENT shall mean a prof…