Florida Regulations 62C-16.0068: Release Procedures
Current as of: 2024 | Check for updates
|
Other versions
(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 include a statement certifying that the requirements of this chapter have been met.
(2) Within 90 days after notification by the operator or the scheduled completion date, whichever comes first, the Department shall make a final inspection of a reclamation parcel, or upland portion thereof.
(3) Within 30 days after the final inspection, the Department shall notify the operator in writing of its findings.
(a) If the Department is not satisfied that the reclamation or restoration requirements of the reclamation parcel, or upland portion thereof, have been met and the specified completion date has expired, it shall notify the operator of the deficiencies that must be corrected. Within 90 days after such notice by the Department, the operator shall return work on the reclamation parcel, or upland portion thereof, to a rate of progress that will reasonably ensure completion within not more than 180 days after receipt of such deficiency notice.
(b) If the Department is satisfied that all reclamation and restoration requirements have been met, it shall notify the operator in writing that the reclamation parcel, or upland portion thereof, is complete and the area is released from further obligation under Chapters 211 and 378, F.S. The Department shall grant a release of an upland portion of the parcel only if it will not jeopardize the operator’s ability to fulfill the reclamation and restoration requirements for the remainder of the parcel and if the operator retains ownership or control of the entire reclamation parcel until the remainder of the parcel is released.
(4) Release of the reclamation obligation for a reclamation parcel, or upland portion thereof, under this chapter shall not operate to relieve the operator of any other obligations imposed under other laws, rules, regulations or ordinances.
(5) If any released area is again disturbed by mining operations, the disturbed areas shall become subject to the requirements of this chapter.
Rulemaking Authority 378.205 FS. Law Implemented 211.32, 378.207 FS. History-New 10-6-80, Formerly 16C-16.068, Amended 2-22-87, Formerly 16C-16.0068, Amended 5-28-06.
Terms Used In Florida Regulations 62C-16.0068
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(3) Within 30 days after the final inspection, the Department shall notify the operator in writing of its findings.
(a) If the Department is not satisfied that the reclamation or restoration requirements of the reclamation parcel, or upland portion thereof, have been met and the specified completion date has expired, it shall notify the operator of the deficiencies that must be corrected. Within 90 days after such notice by the Department, the operator shall return work on the reclamation parcel, or upland portion thereof, to a rate of progress that will reasonably ensure completion within not more than 180 days after receipt of such deficiency notice.
(b) If the Department is satisfied that all reclamation and restoration requirements have been met, it shall notify the operator in writing that the reclamation parcel, or upland portion thereof, is complete and the area is released from further obligation under Chapters 211 and 378, F.S. The Department shall grant a release of an upland portion of the parcel only if it will not jeopardize the operator’s ability to fulfill the reclamation and restoration requirements for the remainder of the parcel and if the operator retains ownership or control of the entire reclamation parcel until the remainder of the parcel is released.
(4) Release of the reclamation obligation for a reclamation parcel, or upland portion thereof, under this chapter shall not operate to relieve the operator of any other obligations imposed under other laws, rules, regulations or ordinances.
(5) If any released area is again disturbed by mining operations, the disturbed areas shall become subject to the requirements of this chapter.
Rulemaking Authority 378.205 FS. Law Implemented 211.32, 378.207 FS. History-New 10-6-80, Formerly 16C-16.068, Amended 2-22-87, Formerly 16C-16.0068, Amended 5-28-06.