January 19, 2021
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The Florida Statutes

The 2009 Florida Statutes

Chapter 378
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Section 378.404, Florida Statutes 2009

378.404  Department of Environmental Protection; powers and duties.--The department shall have the following powers and duties:

(1)  To adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part.

(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. 373.0361, 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.

History.--s. 1, ch. 86-294; ss. 325, 509, ch. 94-356; s. 91, ch. 98-200; s. 7, ch. 2003-423.

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