Current through Reg. 50, No. 187; September 24, 2024
(1) General
Processing Procedures.
(a) All applications
shall be processed in accordance with the provisions of Chapter 120,
F.S.
(b) Within 30 days after the
receipt of an application, the Department shall examine the application, notify
the applicant of any apparent errors or omissions, and request any information
the Department is permitted by law to require. As part of its request, the
Department may require the applicant to provide one document that has been
revised to incorporate all submitted corrections and additional
information.
(c) If the reclamation
activities for which the applicant seeks approval are exempt from the
requirements of this chapter, the Department shall notify the applicant of its
findings within 10 days after receipt of the original application or the timely
requested additional information or correction of errors or
omissions.
(d) After receipt of any
request for additional information or correction of apparent errors or
omissions, the applicant shall:
1. Provide the
requested additional information or correction of errors or omissions,
or
2. Identify any items in the
request which the applicant believes are not authorized by law or rule and
provide all of the requested additional information or corrections that the
applicant is willing to provide.
(e) If the applicant fails to respond, as
required in paragraph (d), above, to any request for additional information or
correction of apparent errors or omissions, the Department shall proceed to
process the application after notifying the applicant of its intent to do so
and specifying the date on which processing will resume. In accordance with
Section 120.60, F.S., the Department
shall not deny an application for failure to correct an error or omission or to
supply additional information, unless the Department timely notified the
applicant of the error or omission within 30 days after receipt of the
application.
(f) Within 30 days
after receipt of any requested additional information or corrections, the
Department shall examine such information or corrections and shall notify the
applicant of any apparent errors or omissions in or additional information
needed to clarify or to answer new questions raised by or directly related to
the newly submitted material.
(g)
The Department shall take final agency action to approve, approve with
conditions, or deny an application within 90 days after receipt of a complete
application, unless a written request to waive this time period is received
from the operator. The final agency action shall satisfy the time periods
established in Section
120.60(2),
F.S., for approval or denial within 90 days after receipt of a complete
application. The Department shall require the operator to publish, at the
operator's expense, a notice of final agency action in a newspaper of general
circulation in the area affected. The applicant may grant at any time a
specific time period for which the 90-day period for Department action may be
tolled. The grant shall be in writing and shall state the reason and length of
time the 90-day period may be tolled. Such grant shall not act to preclude the
Department from taking action at any time after the 90-day period has
begun.
(2) Revisions.
(a) If the Department receives an unsolicited
revision to an application before Department action on the application, the
revision may be considered as part of the application, provided that:
1. The revision does not require additional
information or corrections to be submitted; and,
2. The Department has enough time to review
the revision and meet normal internal processing deadlines.
(b) The Department shall notify the applicant
within 30 days after receipt of a revision whether or not that revision will be
considered as part of the application, unless that revision is received less
than 30 days prior to the date the Department intends to take action. If a
revision is received less than 30 days prior to the date the Department intends
to take action, the Department shall notify the applicant as soon as practical
whether or not the revision will be or was considered.
(c) If the Department notifies the applicant
that a revision cannot be considered, the applicant may withdraw and refile the
original application to incorporate the revision.
(3) Withdrawals. An applicant may withdraw an
application at any time prior to the Department's action, provided that notice
of withdrawal is submitted in writing to the Department. A new application
shall be filed within 30 days of receipt of the Department's notice that a new
application is required, unless a later date is approved by the Department. The
Department shall approve any reasonable later date that is based on the
applicant's need to redesign any or all of the reclamation plan.
(4) Comments from Other Agencies. The
Department may seek comments from other appropriate agencies; however, the
Department's consideration of comments on applications shall be limited to
matters within the jurisdiction of the commenting agency.
(5) Approval of a conceptual plan,
modification, or variance does not constitute a statement or admission by the
Department concerning the ownership of any interests in lands included in a
conceptual plan.
Rulemaking Authority
378.205 FS. Law Implemented
120.60,
211.32,
378.205,
378.212
FS.
New 2-22-87, Formerly 16C-16.0033, Amended
5-28-06.
