Florida Statutes 378.405 – Reclamation review procedure
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 378.405
- Agency: means an official, committee, department, commission, officer, division, authority, bureau, council, board, section, or unit of government within the state, including a county, municipal, or other local or regional entity or special district. See Florida Statutes 378.403
- Department: means the Department of Environmental Protection. 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
- Secretary: means the Secretary of Environmental Protection. See Florida Statutes 378.403
(1) All agency reviews conducted under this part are subject to this section. Within 30 days after receipt of an operator‘s conceptual reclamation plan, the department, the secretary, or the affected agency shall review the plan and shall request submittal of all additional information the agency is permitted by law to require. If the applicant believes any agency request for additional information is not authorized by law or agency rule, the applicant may request a hearing under ss. 120.569 and 120.57. Within 30 days after receipt of such additional information, the agency must review it and may request only such further information as is needed to clarify the additional information.
(2) If the applicant believes the request of the agency for such additional information is not authorized by law or agency rule, the agency, at the applicant’s request, shall proceed to process the plan. A plan must be approved or denied within 90 days after receipt of the original plan, the last item of timely requested additional information, or the applicant’s written request to begin processing the plan.