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Florida Administrative Code (Last Updated: October 28, 2024) |
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62. Department of Environmental Protection |
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62C. Division of Resource Management |
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62C-17. Master Reclamation Plan For Lands Disturbed By The Severance Of Phosphate Prior To July 1, 1975 |
1(1) Reclamation contracts are not assignable without the approval of the Department. The Department may approve the assignment of a reclamation contract if there is not to be any modification to the approved reclamation program. The Department must approve all assignments involving reclamation program modifications.
46(2) Where, prior to the issuance of a certification of reclamation completion pursuant to Rule 6162C-17.013, 62F.A.C., and the expiration of any post reclamation conditions stipulated in a reclamation contract, a Landowner wishes to transfer, by sale or otherwise, fee title to lands which have been included in a reclamation contract and where the transferee desires the assignment of the reclamation contract to him, then the transferrer or transferee may request that the reclamation contract be assigned.
123(3) Should the fee title of lands included in a reclamation contract be transferred, by sale or otherwise, to a new owner without the assignment of the reclamation contract, the Landowner named in the reclamation contract shall retain all obligations to perform under the reclamation contract. If the Landowner fails to perform under the reclamation contract, the Department shall take appropriate legal action to recover cost of damages.
191Rulemaking Authority 193378.021, 194378.038 FS. 196Law Implemented 198378.021, 199378.035, 200378.038 FS. 202History–New 1-10-85, Amended 12-3-85, Formerly 16C-17.095, 16C-17.0095.
