Current through Reg. 50, No. 187; September 24, 2024
(1)
Upon determination by the Department that an operator is in violation of any
requirement of this chapter or approval granted, the Department shall notify
the operator in writing by certified mail of the alleged violation. The notice
of violation shall set forth in detail the alleged violation and specify a
reasonable time, not to exceed 90 days, in which to begin corrective action.
The Department may also specify a time by which the corrective action must be
completed.
(2) If an operator
disputes the matters contained in a notice of violation, the operator may
request a hearing, pursuant to Sections
120.569 and
120.57, F.S. If a hearing is
requested, the time for initiating corrective action shall not begin to run
until a final order is entered.
(3)
If the violation specified in the notice of violation has not been corrected
upon the expiration of the period provided in the notice of violation, the
Department may institute a civil action in a court of competent jurisdiction,
as follows:
(a) For injunctive or other
appropriate relief to enforce compliance with this chapter, or for the
assessment of damages, or for both injunctive relief and damages. This
paragraph shall not apply to the failure to comply with the requirements of
subsection 62C-16.0075(5),
F.A.C.
(b) To impose and recover a
civil penalty for a violation of this chapter or any order issued pursuant to
this chapter. This paragraph shall not apply to the failure to comply with the
requirements of subsection
62C-16.0075(5),
F.A.C. The penalty shall not exceed the following amounts and the court shall
consider evidence in mitigation:
1. For
violations of a minor or technical nature, $100.00 per violation.
2. For major violations on which a penalty
has not been imposed under this subparagraph during the previous five years,
$1, 000.00 per violation.
3. For
major violations not covered by subparagraph 2., above, $5, 000.00 per
violation. The civil penalties provided for in this paragraph (b), shall not
begin to accrue until the expiration of the time for initiating corrective
action, as provided in the notice of violation issued by the Department. Each
day or any portion thereof in which the violation continues shall constitute a
separate violation.
(c)
To recover against the security provided pursuant to Rule
62C-16.0075, F.A.C., if an
operator has failed to comply with the requirements of subsection
62C-16.0075(5),
F.A.C., and the Department determines that the operator is unable or unlikely
to come into compliance with those requirements within a reasonable
time.
(4) Minor
violations shall consist of the following:
(a) All violations of a technical
nature.
(b) Being behind schedule
in contouring or revegetation on reclamation parcels more than one month, but
less than six months, based on the required completion dates in subsection
62C-16.0051(12),
F.A.C.
(c) Being out of compliance
with contouring and erosion control standards, after the required completion
date for contouring in subsection
62C-16.0051(12),
F.A.C.
(d) Being out of compliance
with revegetation standards, after the required completion date for
revegetation in subsection
62C-16.0051(12),
F.A.C.
(e) Failure to submit and
complete an Annual Mining and Reclamation Report, pursuant to Rule
62C-16.0091, F.A.C.
(f) Failure to comply with any rule contained
in this chapter, unless otherwise specified in subsections (3) and
(4).
(5) Major violations
shall consist of any violation not specified in subsection (4), above,
including the following:
(a) Undertaking any
activities that are not in agreement with the approved conceptual
plan.
(b) Undertaking any
reclamation or restoration activities that are not in agreement with the
approved conceptual plan or conceptual plan modification, except as authorized
by subsection 62C-16.0041(2),
F.A.C.
(c) Being behind in
contouring or revegetation on reclamation parcels more than six months, based
on required completion dates.
(d)
Failure to comply with an order issued pursuant to this chapter.
(e) Failure to post a security as required by
subsection 62C-16.0075(1),
F.A.C.
Rulemaking Authority
378.205 FS. Law Implemented
120.69,
378.211
FS.
New 10-6-80, Formerly 16C-16.071, Amended 2-22-87, Formerly
16C-16.0071, Amended 5-28-06.
