Section 62C-38.006 - Department Review ProceduresDepartment reviews shall be conducted as follows:
(1) Within 30 days after receipt of an operator's notice of intent to mine, separately submitted conceptual reclamation plan, conceptual reclamation plan modification, or request for other approval, the Department shall review the document and shall request the submittal of all additional information the Department is permitted by law to require.(2) The operator shall provide the requested additional information within 45 days of receipt of the request or request an extension to the 45-day period. The extension request shall include the date by which the additional information can be provided and the reason for the extension. The Department shall approve reasonable requests that are based on a need to complete data collection. If the operator does not provide the requested information within the 45-day period or request an extension, the Department shall proceed to final action.(3) If the operator believes any Department request for additional information is not authorized by law or agency rule, the operator may request a hearing, pursuant to Section 120.57, F.S.(4) Within 30 days after receipt of the requested additional information, the Department shall review it and may request only such information needed to clarify the received additional information.(5) If the operator believes the request of the Department for such additional information, requested pursuant to subsection (4), above, is not authorized by law or Department rule, the Department, at the operator's request, shall proceed to process the notice of intent to mine, conceptual reclamation plan, conceptual reclamation plan modification, or other request.(6) The Department shall notify the operator as to the sufficiency of the notice of intent to mine within 90 days after receipt of the original notice of intent to mine, the last item of timely requested additional information, or the operator's written request to begin processing the notice of intent to mine. If the Department notifies the operator that the notice of intent to mine is insufficient, the notification of insufficiency shall clearly state why the notice of intent to mine is insufficient.(7) Conceptual reclamation plans and their modifications shall be approved, modified, or denied by the Department within 90 days after receipt of the original plan or plan modification, the last item of timely requested additional information, or the operator's written request to begin processing the plan or plan modification. No plan may be approved without a sufficient notice of intent to mine, if such notice is required.Fla. Admin. Code Ann. R. 62C-38.006
Rulemaking Authority 378.404 FS. Law Implemented 378.404, 378.405 FS.
New 3-19-87, Amended 11-29-90, Formerly 16C-38.006.New 3-19-87, Amended 11-29-90, Formerly 16C-38.006.