Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-16 - BUREAU OF MINE RECLAMATION - MANDATORY PHOSPHATE MINE RECLAMATION › Section 62C-16.0033 - Application Review Procedures

Current through Reg. 50, No. 138; July 16, 2024
(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 omissions, and request any information
				the Department is permitted by law to require. As part of its request, the
				Department may require the applicant to provide one document that has been
				revised to incorporate all submitted corrections and additional
				information.
(c) If the reclamation
				activities for which the applicant seeks approval are exempt from the
				requirements of this chapter, the Department shall notify the applicant of its
				findings within 10 days after receipt of the original application or the timely
				requested additional information or correction of errors or
				omissions.
(d) After receipt of any
				request for additional information or correction of apparent errors or
				omissions, the applicant shall:
1. Provide the
				requested additional information or correction of errors or omissions,
				or
2. Identify any items in the
				request which the applicant believes are not authorized by law or rule and
				provide all of the requested additional information or corrections that the
				applicant is willing to provide.
(e) If the applicant fails to respond, as
				required in paragraph (d), above, to any request for additional information or
				correction of apparent errors or omissions, the Department shall proceed to
				process the application after notifying the applicant of its intent to do so
				and specifying the date on which processing will resume. In accordance with
				Section  120.60, F.S., the Department
				shall not deny an application for failure to correct an error or omission or to
				supply additional information, unless the Department timely notified the
				applicant of the error or omission within 30 days after receipt of the
				application.
(f) Within 30 days
				after receipt of any requested additional information or corrections, the
				Department shall examine such information or corrections and shall notify the
				applicant of any apparent errors or omissions in or additional information
				needed to clarify or to answer new questions raised by or directly related to
				the newly submitted material.
(g)
				The Department shall take final agency action to approve, approve with
				conditions, or deny an application within 90 days after receipt of a complete
				application, unless a written request to waive this time period is received
				from the operator. The final agency action shall satisfy the time periods
				established in Section
				 120.60(2),
				F.S., for approval or denial within 90 days after receipt of a complete
				application. The Department shall require the operator to publish, at the
				operator's expense, a notice of final agency action in a newspaper of general
				circulation in the area affected. The applicant may grant at any time a
				specific time period for which the 90-day period for Department action may be
				tolled. The grant shall be in writing and shall state the reason and length of
				time the 90-day period may be tolled. Such grant shall not act to preclude the
				Department from taking action at any time after the 90-day period has
				begun.