Florida Statutes 378.205 – Administration; powers and duties of the department; agency review responsibility
Current as of: 2023 | Check for updates
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(1) The department shall administer the provisions of this part and shall have the following powers and duties:
(a) To issue conceptual reclamation plan approvals requiring an operator to take such actions as are necessary to comply with this part.
Terms Used In Florida Statutes 378.205
- Conceptual reclamation plan: means a graphic and written description of general activities to be undertaken across the whole mine to comply with the reclamation standards and criteria contained in this part. See Florida Statutes 378.203
- Department: means the Department of Environmental Protection. See Florida Statutes 378.203
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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. See Florida Statutes 378.203
- operator: includes a parent, its subsidiary, or division. See Florida Statutes 378.203
- Reclamation: means the reshaping of lands in a manner that meets the reclamation criteria and standards contained in this part. See Florida Statutes 378.203
(b) After proper notice, and upon the presentation of appropriate credentials and other documents as may be required by law, to enter on and inspect at reasonable times and intervals for the purpose of assuring compliance with ss. 378.202–378.212, any lands that are subject to ss. 378.202–378.212.
(c) To prescribe the forms for conceptual reclamation plan applications and annual reports.
(2) The department will be the lead agency responsible for phosphate mine reclamation in accordance with the provisions of this part and with the rules adopted by the department. The department may seek comments from appropriate federal, state, regional, or local governmental agencies to assist it in establishing rules, reviewing reclamation applications, or otherwise implementing the provisions of this part. The department’s consideration of comments on proposed conceptual reclamation plans and reclamation programs shall be limited to matters within the jurisdiction of the commenting agency.
(3) Administrative challenges to proposed state agency actions regarding phosphate mines and reclamation pursuant to this chapter or part IV of chapter 373 are subject to the summary hearing provisions of s. 120.574, except that the summary proceeding must be conducted within 90 days after a party files a motion for summary hearing, regardless of whether the parties agree to the summary proceeding and the administrative law judge’s decision is a recommended order and not a final order.