Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62C - Division of Resource Management › Chapter 62C-38 - FULLER'S EARTH RECLAMATION REQUIREMENTS › Section 62C-38.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of this chapter, the following words and
				  terms shall have the definitions and meanings ascribed to them in this
				  section:
(1) "Agency" means an
				official, committee, department, commission, officer, division, authority,
				bureau, council, board, section, or unit of government within the state,
				including a county, municipality, or other local or regional entity or special
				district.
(2) "Authorized agent"
				means the person that acts on behalf of the operator for the purpose of
				reviewing and signing documents required by the Department and is the primary
				contact for the operator for all matters related to reclamation.
(3) "Department" means the Department of
				Environmental Protection.
(4)
				"Extraction" means the removal of fuller's earth from its location, so as to
				make it suitable for commercial, industrial, or construction use; but does not
				include excavation solely in aid of on-site farming or on-site construction,
				nor the process of searching, prospecting, exploring, or investigating for
				fuller's earth.
(5) "Final
				highwall" means the last face of overburden or fuller's earth exposed by
				excavating.
(6) "Fuller's earth"
				means clay possessing a high absorptive capacity and consisting largely of
				montmorillonite or palygorskite, also known as attapulgite.
(7) "Local government" means any county or
				municipality.
(8) "Mine" means an
				area of land upon which mining operations have been conducted, are being
				conducted, or are planned to be conducted, as the term is commonly used in the
				trade.
(9) "On-site" means within
				the contiguous limits of an area of land under one ownership or control and
				upon which farming or construction activities are taking place. Areas of land
				that are divided by public or private roads are considered contiguous if such
				areas are under one ownership or control.
(10) "Operation" means any activity, other
				than prospecting, necessary for site preparation, extraction, waste disposal,
				storage, or reclamation.
(11)
				"Operator" means any person engaged in an operation.
(12) "Overburden" means soil and rock removed
				to gain access to the fuller's earth in the process of extraction and means
				such soil or rock before or after its removal. Overburden includes all such
				soil and rock that must be removed, whether it occurs above a single stratum of
				extractable fuller's earth or between two or more strata of extractable
				fuller's earth.
(13) "Reclamation"
				means the reasonable rehabilitation of land where fuller's earth extraction has
				occurred.
(14) "Temporary land use"
				means any use of lands under reclamation or restoration after contouring is
				complete, but before release, that is necessary for the mining operation or
				other reclamation or restoration activities within the
				mine.
Rulemaking Authority
					 378.404 FS. Law Implemented
					 378.404
					 FS.
New 3-19-87, Amended 11-29-90, Formerly 16C-38.002, Amended
					 1-3-02.