Florida Regulations 62C-17.002: Definitions
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The following words and terms shall have the definition and meaning ascribed to them in this section:
(1) “”Approved Reclamation Program”” shall mean a reclamation program which has been approved by the Department.
(2) “”Bureau”” shall mean the department’s Bureau of Mine Reclamation, Division of Resource Management, 2051 East Dirac Drive, Tallahassee, FL 32310-3760.
(3) “”Clay Settling Area,”” for purposes of the reimbursement provisions of these rules, shall mean an area completely enclosed by and including an earthen dam used for waste clay disposal.
(4) “”Committee”” shall mean the Nonmandatory Land Reclamation Committee.
(5) “”Commodity”” shall mean any of the various supplies, materials, goods, merchandise, equipment and other personal property purchased, leased or otherwise contracted for by the Landowner for the purpose of performing the approved reclamation activities.
(6) “”Contractual Service”” shall mean the rendering by a contractor, engineer, surveyor or any other provider of a service of its time and effort rather than the furnishing of specific commodities.
(7) “”Department”” shall mean the Governor and Cabinet sitting as the head of the Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3554, Tallahassee, Florida 32399-2400.
(8) “”Dewatering Phase”” shall mean the work effort put forth to remove surface waters from clay settling areas by the use of spillways, and the partial removal of combined waters from waste clay by the use of ditches to facilitate and promote the drying and crusting of waste clays. This phase includes disturbance of the earthen dams surrounding the pond for dewatering and breaching of the dam for abandonment.
(9) “”Earthmoving Stage”” shall mean that period of time which extends from initiation of reclamation activity to and including final contouring of the landform to the point at which the Bureau certifies the earthmoving complete and at which point revegetation would normally occur.
(10) “”Eligible Lands”” means those lands mined or disturbed by the severance of phosphate rock prior to July 1, 1975, and included as eligible lands in the master reclamation plan adopted pursuant to Florida Statutes § 378.021
(11) “”Eligible Parcel”” shall mean those parcels mined or disturbed by the severance of phosphate rock, prior to July 1, 1975, which have been evaluated and determined to qualify for reimbursement grant funding, pursuant to Florida Statutes Chapter 378, and Fl. Admin. Code Chapter 62C-17
(12) “”Establishment Stage”” shall mean the period of time, after the Bureau has certified the revegetation complete, required to determine the probable survival of vegetative plantings – normally one year. This term shall also include approved erosion and vegetation maintenance activities.
(13) “”Evaluation Methodology”” shall mean the procedures used for the determination of parcel eligibility as set forth in the Report, “”Evaluation of Pre-July 1, 1975, Disturbed Phosphate Lands.””
(14) “”Executive Director”” shall mean the chief administrative officer of the Department of Environmental Protection.
(15) “”Finger Lakes”” shall mean those elongate, parallel waterbodies, normally resulting from the reclamation of a mined-out area, separated in whole or in part by narrow uplands in such a way that their parallel elongate appearance is preserved.
(16) “”Initiation of Reclamation Activity”” shall mean the beginning of physical earthmoving or the activities necessary to achieve abandonment of a dam within the approved reclamation program boundaries.
(17) “”Landowner”” shall mean the titleholder of record of the affected land or the agent for the titleholder of record provided written authorization designating the agent and the specific scope of the agent’s authority is on file with the Bureau.
(18) “”Mined-out Area,”” for purposes of the reimbursement provisions of these rules, shall mean all eligible lands other than clay settling areas.
(19) “”Nonmandatory Lands”” shall have the meaning set forth in Florida Statutes § 378.032(8) Lands which are put into use after July 1, 1984, as a clay settling area or a dam for use with a clay settling area are not included as nonmandatory lands unless such lands were used for clay disposal between July 1, 1975, and July 1, 1984.
(20) “”Other Landforms,”” for the purposes of the reimbursement provisions of these rules, shall mean those parcels defined and identified in the Report as “”Hydraulically Mined Areas,”” “”Sand Tailings Areas,”” and “”Other Areas”” such as abandoned plant sites, mine roads, railroad rights-of-way, ditches and canals.
(21) “”Parcel”” shall mean a unit of disturbed land which is similar in landform and postdisturbance age and has been defined and identified by a unique number by the Bureau.
(22) “”Parcel Evaluation”” shall mean the examination of the physical features and conditions of a parcel pursuant to the evaluation methodology.
(23) “”Prereclamation Application”” shall mean a request by a Landowner for a nonbinding review of a proposed reclamation program, donation or purchase of an eligible parcel(s).
(24) “”Primarily engaged in the mining or processing of phosphate ores”” shall mean any company or corporation that is or has in the past engaged in the mining or processing of phosphate ores within the State of Florida.
(25) “”Program Site”” shall mean the parcel of land defined by a legal description and included in a reclamation program or reclamation program application.
(26) “”Put Into Use”” shall mean the date a clay settling area first receives waste clay material.
(27) “”Reclaimed Landform”” shall mean uplands, submerged lands, or wetlands included in or established under an approved reclamation program.
(28) “”Reclamation Contract”” shall mean the agreement entered into between the Department of Environmental Protection and the Landowner to implement the Landowner’s approved reclamation program.
(29) “”Reclamation Program”” shall mean a specific reclamation proposal on an eligible parcel or portion of an eligible parcel presented by a Landowner.
(30) “”Reclamation Program Application”” shall mean any application for reclamation, donation, or purchase of an eligible parcel.
(31) “”Report”” shall mean the “”Evaluation of Pre-July 1, 1975, Disturbed Phosphate Lands,”” August 1980, including the Appendices and Map Book.
(32) “”Revegetation”” shall mean the providing of a diverse permanent vegetation, indigenous to the State, capable of self-regeneration which within a reasonable time will provide the appearance of a natural landscape. This term shall also include erosion control grasses.
(33) “”Revegetation Stage”” shall mean the period of time during which approved revegetation is normally done and extends from the date the Bureau certifies the earthmoving complete to the date the Bureau certifies the revegetation complete.
(34) “”Staff”” shall mean employees of the Bureau.
(35) “”Substantial Completion”” shall mean the point at which the Bureau certifies the revegetation complete.
(36) “”Wetlands”” shall mean the various types of habitats and vegetative communities which exist where the water table is at or above grade for portions of the year and shall include forested wetlands such as hardwood swamps, cypress swamps and domes, and nonforested wetlands such as wet prairies and freshwater marshes.
(37) “”Year”” shall mean the fiscal year of the State of Florida.
Rulemaking Authority 378.021, 378.038, 370.021 FS. Law Implemented 378.021, 378.032 FS. History-New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.02, Amended 12-25-86, 6-13-91, Formerly 16C-17.002.
Terms Used In Florida Regulations 62C-17.002
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Personal property: All property that is not real property.
(2) “”Bureau”” shall mean the department’s Bureau of Mine Reclamation, Division of Resource Management, 2051 East Dirac Drive, Tallahassee, FL 32310-3760.
(3) “”Clay Settling Area,”” for purposes of the reimbursement provisions of these rules, shall mean an area completely enclosed by and including an earthen dam used for waste clay disposal.
(4) “”Committee”” shall mean the Nonmandatory Land Reclamation Committee.
(5) “”Commodity”” shall mean any of the various supplies, materials, goods, merchandise, equipment and other personal property purchased, leased or otherwise contracted for by the Landowner for the purpose of performing the approved reclamation activities.
(6) “”Contractual Service”” shall mean the rendering by a contractor, engineer, surveyor or any other provider of a service of its time and effort rather than the furnishing of specific commodities.
(7) “”Department”” shall mean the Governor and Cabinet sitting as the head of the Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3554, Tallahassee, Florida 32399-2400.
(8) “”Dewatering Phase”” shall mean the work effort put forth to remove surface waters from clay settling areas by the use of spillways, and the partial removal of combined waters from waste clay by the use of ditches to facilitate and promote the drying and crusting of waste clays. This phase includes disturbance of the earthen dams surrounding the pond for dewatering and breaching of the dam for abandonment.
(9) “”Earthmoving Stage”” shall mean that period of time which extends from initiation of reclamation activity to and including final contouring of the landform to the point at which the Bureau certifies the earthmoving complete and at which point revegetation would normally occur.
(10) “”Eligible Lands”” means those lands mined or disturbed by the severance of phosphate rock prior to July 1, 1975, and included as eligible lands in the master reclamation plan adopted pursuant to Florida Statutes § 378.021
(11) “”Eligible Parcel”” shall mean those parcels mined or disturbed by the severance of phosphate rock, prior to July 1, 1975, which have been evaluated and determined to qualify for reimbursement grant funding, pursuant to Florida Statutes Chapter 378, and Fl. Admin. Code Chapter 62C-17
(12) “”Establishment Stage”” shall mean the period of time, after the Bureau has certified the revegetation complete, required to determine the probable survival of vegetative plantings – normally one year. This term shall also include approved erosion and vegetation maintenance activities.
(13) “”Evaluation Methodology”” shall mean the procedures used for the determination of parcel eligibility as set forth in the Report, “”Evaluation of Pre-July 1, 1975, Disturbed Phosphate Lands.””
(14) “”Executive Director”” shall mean the chief administrative officer of the Department of Environmental Protection.
(15) “”Finger Lakes”” shall mean those elongate, parallel waterbodies, normally resulting from the reclamation of a mined-out area, separated in whole or in part by narrow uplands in such a way that their parallel elongate appearance is preserved.
(16) “”Initiation of Reclamation Activity”” shall mean the beginning of physical earthmoving or the activities necessary to achieve abandonment of a dam within the approved reclamation program boundaries.
(17) “”Landowner”” shall mean the titleholder of record of the affected land or the agent for the titleholder of record provided written authorization designating the agent and the specific scope of the agent’s authority is on file with the Bureau.
(18) “”Mined-out Area,”” for purposes of the reimbursement provisions of these rules, shall mean all eligible lands other than clay settling areas.
(19) “”Nonmandatory Lands”” shall have the meaning set forth in Florida Statutes § 378.032(8) Lands which are put into use after July 1, 1984, as a clay settling area or a dam for use with a clay settling area are not included as nonmandatory lands unless such lands were used for clay disposal between July 1, 1975, and July 1, 1984.
(20) “”Other Landforms,”” for the purposes of the reimbursement provisions of these rules, shall mean those parcels defined and identified in the Report as “”Hydraulically Mined Areas,”” “”Sand Tailings Areas,”” and “”Other Areas”” such as abandoned plant sites, mine roads, railroad rights-of-way, ditches and canals.
(21) “”Parcel”” shall mean a unit of disturbed land which is similar in landform and postdisturbance age and has been defined and identified by a unique number by the Bureau.
(22) “”Parcel Evaluation”” shall mean the examination of the physical features and conditions of a parcel pursuant to the evaluation methodology.
(23) “”Prereclamation Application”” shall mean a request by a Landowner for a nonbinding review of a proposed reclamation program, donation or purchase of an eligible parcel(s).
(24) “”Primarily engaged in the mining or processing of phosphate ores”” shall mean any company or corporation that is or has in the past engaged in the mining or processing of phosphate ores within the State of Florida.
(25) “”Program Site”” shall mean the parcel of land defined by a legal description and included in a reclamation program or reclamation program application.
(26) “”Put Into Use”” shall mean the date a clay settling area first receives waste clay material.
(27) “”Reclaimed Landform”” shall mean uplands, submerged lands, or wetlands included in or established under an approved reclamation program.
(28) “”Reclamation Contract”” shall mean the agreement entered into between the Department of Environmental Protection and the Landowner to implement the Landowner’s approved reclamation program.
(29) “”Reclamation Program”” shall mean a specific reclamation proposal on an eligible parcel or portion of an eligible parcel presented by a Landowner.
(30) “”Reclamation Program Application”” shall mean any application for reclamation, donation, or purchase of an eligible parcel.
(31) “”Report”” shall mean the “”Evaluation of Pre-July 1, 1975, Disturbed Phosphate Lands,”” August 1980, including the Appendices and Map Book.
(32) “”Revegetation”” shall mean the providing of a diverse permanent vegetation, indigenous to the State, capable of self-regeneration which within a reasonable time will provide the appearance of a natural landscape. This term shall also include erosion control grasses.
(33) “”Revegetation Stage”” shall mean the period of time during which approved revegetation is normally done and extends from the date the Bureau certifies the earthmoving complete to the date the Bureau certifies the revegetation complete.
(34) “”Staff”” shall mean employees of the Bureau.
(35) “”Substantial Completion”” shall mean the point at which the Bureau certifies the revegetation complete.
(36) “”Wetlands”” shall mean the various types of habitats and vegetative communities which exist where the water table is at or above grade for portions of the year and shall include forested wetlands such as hardwood swamps, cypress swamps and domes, and nonforested wetlands such as wet prairies and freshwater marshes.
(37) “”Year”” shall mean the fiscal year of the State of Florida.
Rulemaking Authority 378.021, 378.038, 370.021 FS. Law Implemented 378.021, 378.032 FS. History-New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.02, Amended 12-25-86, 6-13-91, Formerly 16C-17.002.