Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-17 - MASTER RECLAMATION PLAN FOR LANDS DISTURBED BY THE SEVERANCE OF PHOSPHATE PRIOR TO JULY 1, 1975 › Section 62C-17.012 - Inspections, Cost Reporting and Auditing

Current through Reg. 50, No. 138; July 16, 2024
(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. All
				Department staff conducting inspections shall display appropriate
				identification and comply with all Landowner safety guidelines at all
				times.
(b) Informal inspections by
				the Department shall occur on an irregular basis at a frequency necessary to
				ensure compliance with the reclamation contract. All program sites shall be
				formally inspected at least quarterly. A formal inspection for purposes of
				reimbursement or certifying completion of reclamation to a particular stage or
				totally shall be made at the written request of and in the company of the
				Landowner.
(c) Prior to initiating
				nonreimbursable activities on the program site as permitted by subsection
				 62C-17.009(11),
				F.A.C., the Landowner shall notify the Department, in writing, of the
				anticipated initiation date of the nonreimbursable activities and request a
				formal inspection to ensure that the reimbursable activities performed prior to
				the nonreimbursable activities comply with the reclamation contract.
(d) The Landowner's written request for a
				formal inspection shall include a certification signed and bearing the seal of
				an engineer registered to practice in the State of Florida, that the completed
				reclamation is in accordance with the reclamation contract.
(e) Upon receipt of the Landowner's written
				request for a formal inspection, the Department shall within thirty (30) days
				conduct an appropriate inspection of the program site. If the inspection
				reveals that the program site is in compliance with the reclamation contract,
				the Department shall, within thirty (30) days, provide the Landowner an
				appropriate certification. Certification of reclamation completion to a
				particular stage shall constitute final action for that stage and subsequent
				inspections shall address subsequent reclamation activities and remedial
				actions such as correction of erosion problems or replanting of vegetation, if
				such is found necessary. Should the inspection reveal that the program site is
				not in compliance with the reclamation contract, the Department shall, within
				thirty (30) days, notify the Landowner by certified mail of the noncompliance.
				The Landowner shall, within thirty (30) days from the date of the certification
				of the notice, correct the noncompliance. A period longer than thirty (30) days
				to correct the noncompliance may be granted, in writing, by the Department upon
				the receipt of the Landowner's written request. Once the noncompliance has been
				corrected, the Landowner shall request, in writing, an inspection to verify
				that the program site is in compliance. If noncompliance is not corrected
				within the allotted time, the Department shall take the appropriate action to
				foreclose on the mortgage or to collect the face value of the surety bond or
				letter of credit required by Chapter 69I-44, F.A.C., and may recommend to the
				Department that the Department take charge of the program site pursuant to the
				reclamation contract and complete the approved reclamation program.
(f) Once the reclamation has been certified
				complete pursuant to Rule
				 62C-17.013, F.A.C., inspections
				by the Department shall continue, if applicable, on an irregular basis and at
				least once per calendar year for a period of five (5) years after the date of
				the certification of reclamation completion to ensure compliance with the five
				(5) year alteration or agricultural use stipulations of the reclamation
				contract.
(g) The Department shall
				prepare a written report on each inspection and shall provide a copy of the
				report to the Landowner.