eLaws of Florida

  SECTION 378.404. Department of Environmental Protection; powers and duties.  


Latest version.
  • 1The department shall have the following powers and duties:
    10(1) 11To adopt rules pursuant to ss. 17120.536(1) 18and 19120.54 20to implement the provisions of this part.
    27(2) 28To prescribe the form, content, and necessary supporting documentation for notices of intent to mine.
    43(3) 44To receive notices of intent to mine and operators’ conceptual reclamation plans in order to determine the completeness and sufficiency thereof.
    65(4) 66To prescribe rules to receive and approve annual reports, when specifically authorized, for the detailed evaluation of reclamation units within conceptual mine plans.
    89(5) 90To prescribe the means for inspecting reclamation operations.
    98(6) 99To 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.
    128(7) 129To enter on and inspect the mine site at reasonable times and intervals pursuant to s. 145378.407146.
    147(8) 148To 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.
    184(9) 185To 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. 220373.709, 221appropriate 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; s. 22, ch. 2010-205.