Florida Statutes 378.404 – Department of Environmental Protection; powers and duties
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 378.404
- Department: means the Department of Environmental Protection. See Florida Statutes 378.403
- 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 378.403
- Operator: means any person engaged in an operation. See Florida Statutes 378.403
- Reclamation: means the reasonable rehabilitation of land where resource extraction has occurred. See Florida Statutes 378.403
- Resource: means soil, clay, peat, stone, gravel, sand, limerock, metallic ore, or any other solid substance of commercial value found in natural deposits on or in the earth, except phosphate, which is regulated by part III. See Florida Statutes 378.403
The department shall have the following powers and duties:
(2) To prescribe the form, content, and necessary supporting documentation for notices of intent to mine.
(3) To receive notices of intent to mine and operators’ conceptual reclamation plans in order to determine the completeness and sufficiency thereof.
(4) To prescribe rules to receive and approve annual reports, when specifically authorized, for the detailed evaluation of reclamation units within conceptual mine plans.
(5) To prescribe the means for inspecting reclamation operations.
(6) To issue orders requiring an operator to take such actions as are necessary to comply with this part and rules adopted hereunder, and to issue orders modifying prior orders.
(7) To enter on and inspect the mine site at reasonable times and intervals pursuant to s. 378.407.
(8) To ensure that reclamation will be consistent with the provisions of this part and the performance standards and criteria provided by this part, and will be consistent with other statutes and local ordinances pertaining to reclamation.
(9) To grant variances from the provisions of this part to accommodate reclamation that provides for water supply development or water resource development not inconsistent with the applicable regional water supply plan approved pursuant to s. 373.709, appropriate stormwater management, improved wildlife habitat, recreation, or a mixture thereof, provided adverse impacts are not caused to the water resources in the basin and public health and safety are not adversely affected.