Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-38 - FULLER'S EARTH RECLAMATION REQUIREMENTS › Section 62C-38.006 - Department Review Procedures

Current through Reg. 50, No. 138; July 16, 2024
Department reviews shall be conducted as follows:
(1) Within 30 days after receipt of an
				operator's notice of intent to mine, separately submitted conceptual
				reclamation plan, conceptual reclamation plan modification, or request for
				other approval, the Department shall review the document and shall request the
				submittal of all additional information the Department is permitted by law to
				require.
(2) The operator shall
				provide the requested additional information within 45 days of receipt of the
				request or request an extension to the 45-day period. The extension request
				shall include the date by which the additional information can be provided and
				the reason for the extension. The Department shall approve reasonable requests
				that are based on a need to complete data collection. If the operator does not
				provide the requested information within the 45-day period or request an
				extension, the Department shall proceed to final action.
(3) If the operator believes any Department
				request for additional information is not authorized by law or agency rule, the
				operator may request a hearing, pursuant to Section
				 120.57, F.S.
(4) Within 30 days after receipt of the
				requested additional information, the Department shall review it and may
				request only such information needed to clarify the received additional
				information.
(5) If the operator
				believes the request of the Department for such additional information,
				requested pursuant to subsection (4), above, is not authorized by law or
				Department rule, the Department, at the operator's request, shall proceed to
				process the notice of intent to mine, conceptual reclamation plan, conceptual
				reclamation plan modification, or other request.
(6) The Department shall notify the operator
				as to the sufficiency of the notice of intent to mine within 90 days after
				receipt of the original notice of intent to mine, the last item of timely
				requested additional information, or the operator's written request to begin
				processing the notice of intent to mine. If the Department notifies the
				operator that the notice of intent to mine is insufficient, the notification of
				insufficiency shall clearly state why the notice of intent to mine is
				insufficient.
(7) Conceptual
				reclamation plans and their modifications shall be approved, modified, or
				denied by the Department within 90 days after receipt of the original plan or
				plan modification, the last item of timely requested additional information, or
				the operator's written request to begin processing the plan or plan
				modification. No plan may be approved without a sufficient notice of intent to
				mine, if such notice is required.
Rulemaking Authority
					 378.404 FS. Law Implemented
					 378.404,
					 378.405
					 FS.
New 3-19-87, Amended 11-29-90, Formerly
					 16C-38.006.