62C-17.013. Reimbursement

(1) Reimbursement under this chapter is subject to Chapter 69I-44, F.A.C.

(2) Landowners shall submit to the Department for prior approval all advertisements and bid or proposal documents to be used to solicit bids or proposals for any contractual service or commodity to be used to perform the approved reclamation program.

(3) After the Department has notified the Landowner that the program site is in compliance with the reclamation contract for the purpose of reimbursement, the Landowner shall provide the Department pursuant to Chapter 69I-44, F.A.C., the documentation of cost incurred in performing the approved reclamation activities. The documented cost shall be summarized on forms provided by the Department. The Department shall, within thirty (30) days, review the documentation of cost submitted by the Landowner and if in order and proper, the Department shall authorize the appropriate reimbursement pursuant to the reclamation contract. The following forms are incorporated by reference into the rule and are effective with the effective date of the rule. Forms DEP 53-013(16) “Reimbursement Request Form, Preparation Instructions”; DEP 53-003(16) “Request for Reimbursement – Final Completion Method”; DEP 53-003(16) “Statement of Expenditures – Final Completion Method”; DEP 53-003(16) “Summary of Program Costs – Final Completion Method”; DEP 53-002(16) “Request for Reimbursement – Completion of Revegetation Method”; DEP 53-002(16) “Statement of Expenditures – Completion of Revegetation Method”; DEP 53-002(16) “Summary of Program Costs – Completion of Revegetation Method”; DEP 53-004(16) “Request for Reimbursement – Stage Completion Method”; DEP 53-004(16) “Statement of Expenditures – Stage Completion Method”; DEP 53-004(16) “Summary of Program Costs – Stage Completion Method”; DEP 53-005 (16) “Request for Reimbursement – Percentage of Completion Method”; DEP 53-005(16) “Statement of Expenditures – Percentage of Completion Method”; DEP 53-005(16) “Summary of Program Costs – Percentage of Completion Method”. All forms are available from the Department.

(4) When the final inspection of the program site indicates that the reclamation requirements of the reclamation contract have been met satisfactorily, and when the examination of the documentation of the cost of reclamation as reported by the Landowner indicates the costs are in order and proper, the Department is authorized to certify the reclamation completed.

(5) The certification of reclamation completion shall be recorded by the Landowner in the county in which the program site property is located. If the property is located in more than one county, the certification of reclamation contract completion shall be recorded in each county in which the property is located. Proof of recording the certification of reclamation completion must be provided to the Department prior to the Department’s authorization of the final reimbursement.

(6) The Department is authorized to take final agency action on all matters required of the Department pursuant to Chapter 69I-44, F.A.C.

(7) Landowners shall use Department provided forms for the documented first mortgages, surety bonds or irrevocable letter of credits required, pursuant to Chapter 69I-44, F.A.C. Forms DEP 53-014(16) “Nonmandatory Land Reclamation Mortgage”, DEP 53-015(16) “Nonmandatory Land Reclamation Surety Bond” and DEP 53-016(16) “Nonmandatory Land Reclamation Irrevocable Letter of Credit” are incorporated by reference into this rule and are effective with the effective date of the rule. These forms are available at the Department.

Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.034, 378.035, 378.038 FS. History–New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.13, 16C-17.013.